SITE TERMS OF USE
last updated: 11/29/2025
1. Agreement to Terms
These Terms of Use (“Terms”) govern your access to and use of the website located at https://www.petalexchange.com (the “Site”), our products and services (the “Services”), and our SMS / MMS messaging program (the “Messaging Program”).
By accessing or using the Site, Services, or enrolling in our Messaging Program, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not use the Site, Services, or Messaging Program.
2. Eligibility
You must be at least 18 years old, or the age of majority in your jurisdiction, to use the Services or participate in the Messaging Program. By using the Site or Services, you represent and warrant that you meet this requirement.
3. Account Registration
Some parts of the Services may require you to create an account. You agree to:
provide accurate, current, and complete information;
update your information as needed;
keep your login credentials confidential; and
notify us promptly of any unauthorized use of your account.
You are responsible for all activities that occur under your account.
4. Messaging Program Terms
4.1 Enrollment
By providing your mobile number and opting in (for example, by submitting a form, checking a box, or texting a keyword to our number), you consent to receive SMS and/or MMS messages from THE PETAL EXCHANGE, LLC at the number you provide.
4.2 Types of Messages
Messages may include:
Operational and transactional messages (e.g., order updates, reminders, alerts).
Marketing and promotional messages, where you have consented to receive them.
4.3 Opting Out
You can opt out of marketing messages at any time by replying STOP to any message. You may also use any alternative keyword supported by your carrier. After you send STOP, we may send a one-time confirmation message, and then you will no longer receive marketing texts. You understand that opting out of marketing texts will not necessarily stop transactional messages where permitted by law (e.g., those relating to an existing order or account).
4.4 Help
For help, reply HELP to any message or contact us at maggie@petalexchange.com.
4.5 Message & Data Rates
Message and data rates may apply to each text message sent or received, as provided in your mobile plan. You are responsible for any such charges. Not all carriers or plans may support our Messaging Program.
4.6 Carrier Disclaimer
Participating carriers are not liable for delayed or undelivered messages.
4.7 Your Representations
By participating in the Messaging Program, you represent and warrant that:
you are the current subscriber or customary user of the mobile number you provide;
you have the authority to consent to receive messages at that number; and
you will promptly notify us if you change or relinquish the number.
5. Acceptable Use
You agree not to:
use the Site or Services for any unlawful, fraudulent, or malicious purpose;
attempt to gain unauthorized access to any systems or networks;
interfere with or disrupt the operation of the Site or Services;
use the Site or Services to send spam, unsolicited communications, or content that is abusive, deceptive, obscene, or otherwise objectionable;
reverse engineer, decompile, or attempt to derive source code from the Site or Services, except as allowed by law; or
use any automated tools (scripts, bots) in a way that imposes an unreasonable load on our infrastructure.
We may suspend or terminate your access if we suspect you are violating these Terms or any applicable law.
6. Intellectual Property
All content and materials on the Site and within the Services—including text, graphics, logos, icons, images, audio clips, video, software, and other materials—are owned or licensed by THE PETAL EXCHANGE, LLC and are protected by intellectual property laws.
You are granted a limited, non-exclusive, non-transferable license to access and use the Site and Services solely for your personal or internal business use in accordance with these Terms. You may not reproduce, distribute, modify, or create derivative works from our content without our express written permission.
7. User Content
If you submit, upload, or otherwise make available any content (“User Content”), you grant THE PETAL EXCHANGE, LLC a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, display, distribute, and create derivative works from your User Content in connection with providing and promoting the Services.
You are solely responsible for your User Content and represent that you have all rights necessary to grant this license and that your content does not infringe any third-party rights, violate any laws, or contain harmful or offensive material.
We may remove or refuse to display any User Content at our discretion.
8. Third-Party Services
The Site and Services may link to or integrate with third-party websites, tools, or services. We do not control and are not responsible for these third parties or their content, products, or services. Your use of third-party services is at your own risk and subject to their terms and policies.
9. Disclaimers
The Site, Services, and Messaging Program are provided on an “as is” and “as available” basis. To the fullest extent permitted by law, THE PETAL EXCHANGE, LLC disclaims all warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
We do not warrant that the Site or Services will be uninterrupted, secure, or error-free, or that any defects will be corrected. We do not guarantee any particular results from use of the Site, Services, or Messaging Program.
10. Limitation of Liability
To the fullest extent permitted by law:
THE PETAL EXCHANGE, LLC and its owners, directors, officers, employees, and agents will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenues, data, or goodwill, arising out of or related to your use of (or inability to use) the Site, Services, or Messaging Program, even if we have been advised of the possibility of such damages.
Our total aggregate liability for any claim arising out of or relating to these Terms, the Site, Services, or Messaging Program will not exceed the greater of (a) the amount you paid us for the Services giving rise to the claim during the twelve (12) months preceding the event, or (b) $100 USD.
Some jurisdictions do not allow exclusion or limitation of certain damages; in such jurisdictions, our liability shall be limited to the maximum extent permitted by law.
11. Indemnification
You agree to indemnify, defend, and hold harmless THE PETAL EXCHANGE, LLC and its owners, directors, officers, employees, and agents from any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to:
your use of the Site, Services, or Messaging Program;
your violation of these Terms; or
your violation of any rights of another person or entity.
12. Changes to the Terms
We may update these Terms from time to time. We will post the updated Terms on the Site and update the “Last Updated” date. In some cases, we may provide additional notice (such as by email or SMS).
Your continued use of the Site, Services, or participation in the Messaging Program after the updated Terms become effective constitutes your acceptance of the changes.
13. Governing Law and Dispute Resolution
These Terms and any disputes arising out of or relating to them will be governed by and construed in accordance with the laws of The State of Georgia, without giving effect to its conflict of laws principles.
Any dispute, claim, or controversy arising out of or relating to these Terms, the Site, Services, or Messaging Program will be resolved exclusively in the state or federal courts located in Oconee County, GA, and you and THE PETAL EXCHANGE, LLC agree to the personal jurisdiction of such courts.
14. Contact Information
If you have questions about these Terms, please contact us at:
THE PETAL EXCHANGE LLC
Email: maggie@petalexchange.com
Address: 8811 Macon Highway, Athens, GA, 30606
Phone: (706) 666-3883