Terms and Conditions: TSFA Floral VR Experience

The Texas State Florists’ Association (“TSFA,” “we,” “us” or “our”) is pleased to provide you access to and use of the TSFA Floral VR Experience (the “Services”). The EULA (“Terms“) apply to your purchase, access to, or use of, the Services. These Terms do not alter in any way the terms or conditions of any other agreement you may have with TSFA for products, services or otherwise. If you are using the Services on behalf of any entity, you represent and warrant that you are authorized to accept these Terms on such entity’s behalf and that such entity agrees to be responsible to us if you or that entity violates these Terms.

TSFA reserves the right to change or modify these Terms at any time and in our sole discretion. If TSFA makes changes to these Terms, we will provide notice of such changes as appropriate, such as providing notice through the Services or updating the “Last Updated” date on these Terms. Your continued use of the Services will confirm your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the Services. Review the Terms periodically to ensure you understand the terms and conditions that apply to your access to, and use of, the Services.

This agreement was written in English (US). To the extent any translated version of this agreement conflicts with the English version, the English version controls.

1. Eligibility
   You must be at least 13 years of age to access and use the Services. There is no exception to this requirement. TSFA does not knowingly collect any personal information from children under the age of 13. By your use of the Services, you agree that you are either 18 years of age or older, or an emancipated minor, or possess legal parental or guardian consent, and that you are fully able and competent to understand and accept this EULA as a binding contract and to abide by all Terms.

2. Software Updates
   A Meta Quest, Meta Quest 2, Meta Quest 3, or Meta Quest 3S headset is required to access and use the Services. In addition, we may need to automatically update some of the code associated with the Services or provide you with new software to keep the Services functioning properly, which could include bug fixes, patches, enhanced features, missing plug-ins and new versions. By using the Services, you agree to such automatic updating. We reserve the right, in our sole discretion and where feasible, to disable your access to or ability to use Services that we believe present a health and safety risk or violate laws, regulations, or policies. We will not incur any liability or responsibility if we choose to remove, disable, or delete such access or ability to use any or all portion(s) of the Services.

3. Your Use of Services
   3.1 Content and Software License. Except as otherwise agreed upon, if the use of software, content, virtual items or other materials owned or licensed by us (“Software and Content”) is enabled by TSFA on your compatible headset, we hereby grant you a limited, nonexclusive, non-sublicensable license to access, install, and use the Software and Content solely for personal and noncommercial purposes, conditioned on your compliance with these Terms. Use is limited to one headset per license. You will not use, copy, adapt, modify, decompile, reverse engineer, disassemble, decrypt, attempt to derive the source code of, prepare derivative works based upon, distribute, license, sell, rent, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Software and Content, except as expressly permitted by TSFA or as permitted under applicable law. Any unauthorized use of the Services is strictly prohibited and will terminate the license granted in these Terms. No licenses or rights are granted to you by implication or otherwise, except for the licenses and rights expressly granted to you.3.2 Certification. The Software and Content are intended for educational purposes only and do not constitute completion of floral certification.
   3.2 Availability. The Software and Content may not be available in all territories and jurisdictions, and we may restrict or prohibit use of all or a portion of the Services and Content in certain territories and jurisdictions.3.3 Network Costs. You may be charged by your network provider for data services or any other third-party charges as may arise while using the Services and you accept responsibility for such charges. If you are not the bill payer, we will assume you have received permission from the bill payer.

4. Purchases
   4.1 Pricing and Payment. TSFA may accept various forms of payment, including credit and debit cards, and additional terms with your payment provider may apply. Prices are subject to change without notice. We reserve the right to refuse or cancel orders at any time and in our sole discretion.4.2 Taxes. If your purchase or use of the Services is subject to any use or sales tax, duty or other governmental tax or fee (“Taxes”), TSFA may charge you for those Taxes. Applicable Taxes may be presented at checkout. You are responsible for any Taxes due with respect to your use of the Services.

   4.3 Content Cancellations; Returns. All purchases of digital content are final except as required by law. Once you purchase Content, we encourage you to download, install and access it promptly. If you are unable to download, install or access purchased content, please contact tsfaadmin@tsfa.org.

5. User Content
   Our Services may include interactive features and areas where you may create content (collectively, “User Content”). Unless otherwise agreed to, we do not claim any ownership rights in or to your User Content.

6. Services Ownership and License
   User acknowledges that TSFA retains all right, title and interest to the Services, the Services’ design and documentation, and the intellectual property rights therein and thereto (including without limitation, all patent rights, design rights, copyrights and trade secret rights). Unless otherwise indicated, the Services are the property of TSFA or our licensors and are protected by copyright, trademark and other laws of the United States and foreign countries. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services.

7. Disclaimer of Warranty
   YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR ACCESS TO AND USE OF THE SERVICES IS AT YOUR SOLE RISK. AS BETWEEN YOU AND TSFA, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND TSFA EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN), INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, TSFA DOES NOT REPRESENT OR WARRANT THAT (A) THE FUNCTIONS CONTAINED IN THE SERVICES WILL BE ACCURATE OR MEET YOUR REQUIREMENTS; (B) THE OPERATION OF THE SERVICES WILL BE SECURE, UNINTERRUPTED, ERROR-FREE OR VIRUS-FREE, OR (C) ANY DEFECTS IN THE SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION, GUIDELINES OR ADVICE GIVEN BY TSFA WILL CREATE A WARRANTY.UNDER NO CIRCUMSTANCES WILL TSFA BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM YOUR USE OF THE SERVICES, WHETHER ONLINE OR OFFLINE.THE FOREGOING DISCLAIMER OF WARRANTIES WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE LAWS OF SOME STATES OR JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO SOME OR ALL OF THE DISCLAIMERS IN THIS SECTION MAY NOT APPLY TO YOU.

8. Indemnification
   You agree to defend, indemnify and hold harmless TSFA and our affiliates, independent contractors and service providers, and each of our respective directors, officers, employees and agents (collectively, “TSFA Parties”) from and against all third-party claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) caused by, arising out of or related to (a) your purchase or use of, or inability to use, the Services; (b) your violation of these Terms or any other applicable terms, policies, warnings or instructions provided by TSFA or a third party in relation to the Services, (c) your violation of any applicable law or any rights of any third party; or (d) any User Content or Feedback you provide.

9. Limitation of Liability
   THE TSFA PARTIES SHALL HAVE NO LIABILITY FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, PUNITIVE, INDIRECT, OR INCIDENTAL DAMAGES, ARISING FROM OR RELATED TO YOUR USE OR INABILITY TO USE THE SERVICES, EVEN IF A TSFA PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE TSFA PARTIES ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICES EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU PAID US TO USE OUR SERVICES. THE FOREGOING DISCLAIMER OF CERTAIN DAMAGES AND LIMITATION OF LIABILITY WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE LAWS OF SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.

10. Privacy
    User accepts and agrees to the TSFA Floral VR Experience Privacy Policy as found at https://www.tsfa.org/educational-resources/vr/vr-privacy/.

11. No Assignments
    User may not assign or otherwise transfer any rights or obligations under this EULA.

12. Severability
    If a court finds any provision of this EULA invalid or unenforceable, the remainder of this EULA shall not affect the validity and enforceability of any remaining provisions.

13. Non-waiver
    The failure to exercise any right provided in this EULA shall not be a waiver of prior or subsequent rights.

14. Governing Law
    This EULA shall be governed in accordance with the laws of the United States and the state of Texas. The parties consent to the exclusive jurisdiction and venue of the courts located in the state of Texas in any action arising out of or relating to this EULA. The parties waive any other venue to which either party might be entitled by domicile or otherwise.

16. Attorney Fees and Expenses
    In a dispute arising out of or related to this EULA, the prevailing party shall have the right to collect from the other party its reasonable attorney fees and costs and necessary expenditures.

17. Modifications to the Services
    TSFA reserves the right to change, suspend, remove, discontinue or disable access to the Services or particular portions thereof, at any time and without notice. In no event will TSFA be liable for the removal of or disabling of access to any portion or feature of the Services.

18. Termination
    TSFA reserves the right to terminate your right to access and use the Services if you violate these Terms or any other terms or policies referenced herein, or if you otherwise create risk or possible legal exposure for TSFA or TSFA Parties.