Florence Marine X, LLC
Last updated: April 14, 2021
- PROGRAM ELIGIBILITY AND MEMBERSHIP
The Florence Marine X Society Membership Program (“Florence Marine X Society,” “Florence Society,” “Society,” “Membership” or “”Program” ) is a paid membership and rewards program, offered at the sole discretion of Florence Marine X, LLC. ("Florence Marine X", "we", "our" or "us"). To be eligible for participation in the Membership, you must be a United States resident and at least thirteen (13) years of age or older. We will not collect personally identifiable information from any person that is actually known to us to be a child under the age of thirteen (13). Persons under the age of eighteen (18) or the applicable age of majority in their legal state of residence (collectively, "Minors") must obtain the consent of their parent or legal guardian prior to participation in the Membership. The Membership is available only to individuals for their personal use and is limited to one (1) account per individual. Employees of Florence Marine X and its subsidiaries, affiliates and divisions are not eligible to participate in the Membership. The Membership is void where prohibited or restricted by law.
- Program Enrollment
2.1. Eligible individuals may enroll in the Membership by visiting FlorenceMarineX.com. To enroll online, visit FlorenceMarineX.com and follow the Membership prompts to enroll. You must purchase the Membership as part of an order with another Florence Marine X item. A fee of $20USD, processed via credit card or PayPal, is required to sign up for the Florence Marine X Society Membership.
2.2. To enroll in the Membership, you may be required to provide any or all of the following: your first and last name, valid email address, telephone number, zip code and valid credit card. You are solely responsible for maintaining the accuracy of your account information and for keeping it up-to-date as may be required. You may update your personal information through your online account or by contacting customer service at email@example.com.
2.3. Only one Membership account may be associated with a single email address. In the event of a dispute over the ownership of an account membership, the Society member will be deemed to be the authorized account holder of the email address submitted at the time of Membership enrollment. "Authorized account holder" is defined as the natural person who is assigned to an email address by an Internet access provider, online service provider or organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address. Enrolling or attempting to enroll in the Membership multiple times through the use of multiple email addresses is prohibited and any such action will be cause for termination of your participation in the Program.
- How the Membership Works/Membership Rewards.
3.2 Participation in the Membership allows you to earn rewards based on qualifying purchases. Once you earn rewards you may be eligible to redeem rewards for certain benefits, which benefits and rewards may change from time to time and may be offered on a limited basis. Visit our FAQs to learn more about how to earn rewards.
3.3. Purchases made at FlorenceMarineX.com are eligible for earning rewards in the Membership program, excluding select products, gift card purchases, taxes, shipping and handling charges and any other fees associated with your purchase (a "Qualifying Purchase").
3.4 Rewards cannot be applied towards past purchases made prior to the Membership launch or prior to your enrollment in the Membership.
3.5 To earn rewards for a Qualifying Purchase made online, you must be logged into your Florence Marine X account at the time of purchase. Rewards cannot be earned retroactively for online orders that have already been completed prior to logging into your Florence Marine X account. You can check for your available awards online at any time through your Florence Marine X account. Please allow approximately 3-5 days after a Qualifying Purchase for your Florence Marine X account to update to reflect your rewards earned.
3.6. Membership rewards have no cash value, cannot be sold and are non-transferable. Membership accounts, rewards or benefits cannot be transferred to, shared or combined with any other person or Society member. Only the Society member that is paying for the Qualifying Purchase may accumulate rewards and benefits and only the Society member may redeem rewards that have accumulated in that member's account. The sale, barter, transfer or assignment of any reward or benefit offered through the Membership, other than by us, is expressly prohibited and will be cause for termination of your participation in the Membership, and any rewards or benefits offered by us under the Membership are subject to change at any time in our sole discretion, without prior notice.
3.7. If you return an item from a Qualifying Purchase for a refund to your original method of payment, you will be issued a new reward for your next purchase. In the case of a multi-item purchase, which results in a partial return, the reward will be considered used and will not be reissued. If the item is instead exchanged, the value of the reward may be reapplied to your exchanged item.
3.8. Rewards available through the Membership are for personal use only and may not be sold or resold. We reserve the right, without notice, to cancel or reduce the quantity of any reward available through the Membership at any time, in our sole discretion. We also reserve the right, without notice, to change Membership benefits and ways in which rewards may be earned or redeemed at any time, in our sole discretion. We reserve the right to place limitations on the number of Qualifying Purchases that are eligible for the Membership and/or the number or types of rewards that you may receive or earn during any given period of time or for the duration of the Program and/or any combination thereof.
3.9. We are not responsible for rewards that may be lost or redeemed as the result of any fraudulent activity.
3.10 We reserve the right to determine the rewards in any Florence Marine X Society member's account based upon our internal records related to such member's account. A member's rewards shall be deemed correct and accurate as reflected in our records and our good faith determination of the amount of rewards available to any member shall be final and binding.
If you have concerns regarding your Florence Marine account activity, including, by way of example and not limitation, rewards earned for a Qualifying Purchase that have not been properly applied to your Florence Marine X Society membership account, please contact our customer service team by email at firstname.lastname@example.org.
4.1 By enrolling in the Membership, you will be automatically subscribed to receive marketing emails from Florence Marine X, including Membership-related communications.
4.3 Promotional Text Message Consent: At your sign up for the Membership, by checking the box to opt in to the receipt of text messages from Florence Marine X, you consent to receive automated marketing by text message from Florence Marine X or any of its vendors, including through the use of an automatic telephone dialing system, at the telephone number you provided. Consent is not a condition to purchase. Message and data rates may apply.
4.4 User Opt Out: Notwithstanding anything to the contrary herein, if you do not wish to receive additional text messages as set forth in Section 4.3, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Florence Marine X or sent on behalf of Florence Marine X in order to opt out of the promotional text message program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are reasonable methods of opting out and are the exclusive means of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above, sending an e-mail, or verbally requesting one of our employees to remove you from our list, are not reasonable means of opting out.
4.5 Duty to Notify and Indemnify: You represent and warrant that you are the subscriber and/or the regular user of the telephone number that you provided to us. If at any time you intend to stop using the telephone number that you provided to us, including canceling your service plan or selling or transferring the telephone number to another party, you agree that you will complete the User Opt Out process set forth above prior to ending your use of the telephone number. You understand and agree that your agreement to do so is a material part of these Terms. You further agree that, if you discontinue the use of your telephone number without notifying us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by us, or any party that assists in the delivery of the text messages, as a result of claims brought by any individual(s) later assigned that telephone number. This duty and agreement shall survive any cancellation or termination of these Terms and/or the Program.
YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED OR FROM YOUR PROVISION OF A TELEPHONE NUMBER FOR WHICH YOU ARE NEITHER THE SUBSCRIBER OR USER, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE TELEPHONE NUMBER YOU PROVIDED.
4.6 Prohibited Content: You acknowledge and agree to not send any prohibited content over the text message platform. Prohibited content includes: any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity; objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age; pirated computer programs, viruses, worms, Trojan horses, or other harmful code; any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received; any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and any other content that is prohibited by applicable law in the jurisdiction from which the message is sent.
- Membership Termination, Cancellation or Modification
6.1. The Membership and its benefits are offered at Florence Marine X’s sole discretion. We may terminate, cancel, modify or restrict these Terms and/or the Membership or any aspect of it at any time, in our sole discretion and without prior notice to you, even if any such actions by us may affect the value of rewards or benefits already accumulated or earned and/or the ability to redeem earned rewards that had already accumulated.
6.2. If you decide that you no longer want to participate in the Membership, as applicable, you may cancel your membership at any time by contacting our customer service team at email@example.com. Please note that if you are cancelling your membership, the one-time, lifetime fee for Florence Marine X Society is nonrefundable.
6.4. If your membership in the Florence Marine X Society is cancelled by you or terminated by us, you will lose all accrued rewards or benefits in your Membership account at the time of such cancellation or termination.
- Disclaimer of Warranties; Limitation of Liability
Your consent and agreement to the following disclaimers and limitations is a material inducement for us to permit you to participate in the Membership. To the fullest extent permitted by applicable law, your participation in the Membership, and our obligations and liabilities in respect thereto, is expressly limited as follows:
7.1. EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS, YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE MEMBERSHIP AND ANY REWARDS OR BENEFITS ASSOCIATED THEREWITH ARE PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS WITHOUT ANY WARRANTY WHATSOEVER. TO THE FULLEST EXTENT PERMITTED BY LAW AND EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS, NEITHER FLORENCE MARINE X NOR ITS SUBSIDIARIES, AFFILIATES, PARTNERS OR LICENSORS MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS OR THE MEMBERSHIP OR ANY OF THE REWARDS OR BENEFITS ASSOCIATED WITH THE MEMBERSHIP, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
7.2.YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER FLORENCE MARINE X NOR ITS SUBSIDIARIES, AFFILIATES, PARTNERS OR LICENSORS WILL BE RESPONSIBLE OR LIABLE (WHETHER IN CONTRACT, TORT OR OTHERWISE) UNDER ANY CIRCUMSTANCES FOR ANY: (A) ERRORS, MISTAKES, INACCURACIES OR OMISSIONS IN THE CONTENT OF THESE TERMS, THE MEMBERSHIP AND/OR ANY REWARDS OR BENEFITS ASSOCIATED WITH THE MEMBERSHIP; (B) PERSONAL INJURY, PROPERTY DAMAGE OR LOSS, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR PARTICIPATION IN THE MEMBERSHIP AND/OR YOUR REDEMPTION OR USE OF ANY REWARD OR BENEFIT UNDER THE MEMBERSHIP; (C) INTERRUPTION OF BUSINESS; (D) DELAYS OR INTERRUPTION IN ACCESS TO THE MEMBERSHIP; (E) ANY UNAUTHORIZED ACCESS TO OR USE OF THE SERVERS THAT HOST THIS SITE OR ANY THIRD PARTY SITE(S) AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (F) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THIS SITE OR THIRD PARTY SITE(S), (G) ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE FLORENCE MARINE X SITE OR ANY THIRD PARTY SITE(S) ASSOCIATED WITH THE MEMBERSHIP AND/OR ANY REWARDS OR BENEFITS ASSOCIATED THEREWITH; (H) DATA NON-DELIVERY, LOSS, THEFT, MISDIRECTION, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; OR (I) EVENTS BEYOND OUR REASONABLE CONTROL.
7.3 YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER FLORENCE MARINE X NOR ITS SUBSIDIARIES, AFFILIATES, PARTNERS OR LICENSORS WILL BE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE MEMBERSHIP AND/OR YOUR PARTICIPATION IN THE MEMBERSHIP AND/OR YOUR REDEMPTION OR USE OF ANY MEMBERSHIP REWARD OR BENEFIT, REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED ONE HUNDRED DOLLARS ($100.00).
7.4.YOU AGREE THAT NO CLAIMS OR CAUSES OF ACTION ARISING OUT OF, OR RELATED TO, THESE TERMS, YOUR PARTICIPATION IN THE MEMBERSHIP AND/OR YOUR REDEMPTION OR USE OF ANY REWARD OR BENEFIT UNDER THE MEMBERSHIP, MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION AROSE. TO THE EXTENT PERMITTED BY LAW, IF YOU HAVE A DISPUTE WITH US REGARDING THE MEMBERSHIP OR ARE DISSATISFIED WITH THE MEMBERSHIP, YOUR SOLE REMEDY SHALL BE TERMINATION OF YOUR MEMBERSHIP IN THE MEMBERSHIP AND WE SHALL HAVE NO OTHER OBLIGATION, LIABILITY OR RESPONSIBILITY TO YOU.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS FLORENCE MARINE X, ITS SUBSIDIARIES, AFFILIATES, PARTNERS, MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SUPPLIERS, VENDORS, MANUFACTURERS AND DISTRIBUTORS FROM AND AGAINST ANY AND ALL THIRD PARTY CLAIMS, ACTIONS, DEMANDS, CHARGES, COMPLAINTS, DAMAGES, LOSSES, LIABILITIES, COSTS AND EXPENSES (INCLUDING BUT NOT LIMITED TO ATTORNEYS' FEES), ARISING FROM OR IN CONNECTION WITH YOUR PARTICIPATION IN THE MEMBERSHIP AND/OR YOUR REDEMPTION OR USE OF ANY REWARDS OR BENEFITS ASSOCIATED WITH THE MEMBERSHIP AND/OR YOUR BREACH OF ANY OF THESE TERMS. WE RESERVE THE RIGHT TO TAKE EXCLUSIVE CONTROL AND DEFENSE OF ANY CLAIM SUBJECT TO THIS INDEMNIFICATION BY YOU, IN WHICH EVENT YOU WILL COOPERATE FULLY WITH US IN ASSERTING ANY AND ALL AVAILABLE DEFENSES.
- Governing Law, Arbitration, No Class Actions
9.1. GOVERNING LAW: The Membership and these Terms shall be governed by and construed in accordance with the laws of the State of Delaware without giving effect to any conflict of law provisions.
- Customer Service
For information about the Florence Marine X Society or your membership, contact our customer service team via email at firstname.lastname@example.org. Please also visit our FAQs for answers to frequently asked questions about the Membership.
In the event that a provision hereof is deemed to be illegal or unenforceable, such a determination shall not affect the validity or enforceability of the remaining provisions, hereof, all of which shall remain in full force and effect.