Privacy Statement and Terms of Service
Speaking Roses LLC is committed to protecting your privacy and providing you with a positive experience on any of our websites and in using our products and services (the “Services”).
This Privacy Statement applies to the websites and Services that link to or reference this Statement and describes how we handle personal information and the choices available to you regarding collection, use, access, and how to update and correct your personal information. Additional information on our personal information practices may be provided in offer descriptions, supplemental privacy statements, or notices provided prior to or at the time of data collection. To the extent a notice provided at the time of collection or a website or Service specific privacy statement conflict with this Privacy Statement, such specific notice or supplemental privacy statement will control.
Key Terms
In this Privacy Statement, these terms have the following meanings:
“We”, “us”, or “ours” means Speaking Roses International.
"Member" means any person or entity that is registered with us to use the Services.
"Personal Information" means any information that identifies or can be used to identify a Member, a Contact, or a Visitor, directly or indirectly. Examples of Personal Information include, but are not limited to, first and last name, date of birth, email address, gender, occupation, or other demographic information.
"Website(s)" means any website(s) we own and operate (such as www.Speaking Roses.com) or any web pages, interactive features, applications, widgets, blogs, social networks, social network "tabs," or other online, mobile, or wireless offerings that post a link to this Privacy Statement.
"Visitor" means any person who visits any of our Websites.
"you" and "your" means, depending on the context, either a Member, a Contact, or a Visitor.
Privacy for Members
This section applies to the Personal Information we collect and process from a Member or potential Member through the provision of the Services. If you are not a Member, the Visitors or Contacts section of this policy may be more applicable to you and your data. In this section, "you" and "your" refer to Members and potential Members.
We may collect data, including personal information, about you as you use our websites and Services and interact with us. "Personal information" is any information that can be used to identify an individual, and may include name, address, email address, phone number, login information (account number, password), marketing preferences, social media account information, or payment card number. If we link other data with your personal information, we will treat that linked data as personal information. We also collect personal information from trusted third-party sources and engage third parties to collect personal information to assist us. The following is the information we collect:
(i) Information you provide to us: In the course of engaging with our Services, you may provide Personal Information about you and your Contacts. Personal Information is often, but not exclusively, provided to us when you sign up for and use the Services, consult with our customer service team, send us an email, integrate the Services with another website or service (for example, when you choose to connect your e-commerce account with Speaking Roses), or communicate with us in any other way.
We will let you know prior to collection whether the provision of Personal Information we are collecting is compulsory or if it may be provided on a voluntary basis and the consequences, if any, of not providing the information. By giving us this information, you agree to this information being collected, used and disclosed as described in our Terms of Service and in this Privacy Statement.
(ii) Information we collect automatically: When you use the Services, we may automatically collect certain information about your device and usage of the Services. We use cookies and other tracking technologies to collect some of this information. Our use of cookies and other tracking technologies is discussed more below, and in more detail in our Cookie Statement here.
(iii) Information we collect from other sources: From time to time, we may obtain information about you or your Contacts from third-party sources, such as public databases, social media platforms, third-party data providers and our joint marketing partners. We take steps to ensure that such third parties are legally or contractually permitted to disclose such information to us.
(iv) Information from the use of our mobile apps: When you use our mobile apps, we may collect certain device and usage-related information in addition to information described elsewhere in this Privacy Statement.
Use of Personal Information
We may use the Personal Information we collect through the Services or other sources for a range of reasons, including:
We and the third parties we engage may combine the information we collect from you over time and across our websites and Services with information obtained from other sources. This helps us improve its overall accuracy and completeness, and also helps us better tailor our interactions with you.
Our Proprietary Rights
We and/or our licensors and suppliers own the information and materials made available through Speaking Roses, excluding User Content. Such information and materials are protected by copyright, trademark, patent and/or other proprietary rights and laws. Subject to your compliance with this Agreement, and solely for so long as you are permitted by us to access and use Speaking Roses, you may access, view and print a single copy of any content on Speaking Roses to which we provide you access hereunder, solely for your personal, internal business and non-commercial purposes, provided that you keep intact all copyright and other proprietary notices. Other than exercising rights you may have to documents provided to you by another user through the Services, or except as expressly authorized in advance by us in writing, you agree not to reproduce, modify, rent, lease, loan, sell, distribute, or create derivative works based on all or any part of Speaking Roses or any information or materials made available through Speaking Roses.
Our trade names, trademarks and service marks include, without limitation, Speaking Roses and any affiliated or associated logos. All trademarks and service marks on Speaking Roses not owned by us are the property of their respective owners. You may not use our trade names, trademarks or service marks in connection with any product or service that is not ours, in any manner that is likely to cause confusion. Nothing contained on Speaking Roses should be construed as granting any license or right to use any trade names, trademarks or service marks without the express prior written consent of the owner.
International Transfers
Our WebSite is hosted in the United States and is intended for visitors located within the United States. If you choose to use the WebSite from the European Union or other regions of the world with laws governing data collection and use that may differ from U.S. law, then please note that you are transferring your personal information outside of those regions to the United States for storage and processing. Also, we may transfer your data from the U.S. to other countries or regions in connection with storage and processing of data, fulfilling your requests, and operating the Site and our products and services. By providing any information, including personal information, on or to the WebSite, you consent to such transfer, storage, and processing. In accordance with applicable law, personal and other information covered by this Privacy Statement may be transferred to, and processed and stored in, the United States or any other country in which Speaking Roses or its affiliates, subsidiaries, service providers, business partners, or customers maintain facilities, even if the level of data privacy required in that country is less than that required by the European Union. By submitting your personal information to Speaking Roses, you consent to such transfers and to the worldwide processing of your personal information.
Prohibited Activities
In general, as a condition to your continued use of the Speaking Roses Platform, you agree that you will not use the Speaking Roses Platform for any purpose that is unlawful or prohibited by these Terms of Service. In the access or use of the Speaking Roses Platform, you shall comply with these Terms of Service and the special warnings or instructions for access or use posted on the Speaking Roses Platform. You shall act always in accordance with the law, custom and in good faith. You may not make any change or alteration to the Speaking Roses Platform or any Speaking Roses Content or services that may appear on the Speaking Roses Platform and you may not impair in any way the integrity or operation of the Speaking Roses Platform. Without limiting the generality of any other provision of these Terms of Service, if you default negligently or willfully in any of the obligations set forth in these Terms of Service, you shall be liable for all the losses and damages that this may cause to Speaking Roses, our affiliates, partners or licensors.
By way of example, and not limitation, you agree not to:
Post, transmit, or otherwise make available through or in connection with your use of the Speaking Roses Platform:
Any information or materials that are or may be, or the posting, transmission or use of which is or may be: (a) threatening, harassing, degrading, hateful or intimidating; (b) defamatory or libelous; (c) fraudulent or tortious; (d) obscene, indecent, pornographic or otherwise objectionable; or (e) protected by copyright, trademark, trade secret, right of publicity or privacy or any other proprietary right of any third party. Any material that would give rise to criminal or civil liability; that encourages conduct that constitutes a criminal offense; or that encourages or provides instructional information about illegal activities or activities such as “hacking,” “cracking,” or “phreaking.”
Any virus, worm, Trojan horse, Easter egg, time bomb, spyware, or other computer code, file, or program that is harmful or invasive or that may or is intended to damage, hijack, disable, interfere with, or disrupt the operation of, or monitor the use of, any hardware, software or equipment.
Any unsolicited or unauthorized advertisements, promotional material, “junk mail,” “spam,” “chain letter,” “pyramid scheme” or investment opportunity, or any other form of solicitation that is not expressly approved in writing by Speaking Roses in advance.
Any personally identifiable information of another individual, without the prior consent of such individual.
Any material, non-public information about a company, without the proper authorization to do so.
Use the Speaking Roses Platform for any fraudulent or unlawful purpose.
Use the Speaking Roses if you are a competitor of the Company, or for reasons that are in competition with the Company.
Use the Speaking Roses Platform to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including without limitation others’ privacy rights or rights of publicity, or to harvest or collect information about Users of the Speaking Roses Platform.
Impersonate any person or entity, including without limitation any representative of Speaking Roses or any other company; falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Speaking Roses Platform; or express or imply that Speaking Roses endorses any statement you make.Interfere with or disrupt the operation of the Speaking Roses Platform or the servers or networks used to make the Speaking Roses Platform available; or violate any requirements, procedures, policies or regulations of such networks.
Restrict or inhibit any other person from using the Speaking Roses Platform (including without limitation by hacking or defacing any portion of the Speaking Roses Platform).
Reproduce, duplicate, copy, sell, resell, link to or otherwise exploit for any commercial purposes, any portion of, use of, or access to, the Speaking Roses Platform.
Modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Speaking Roses Platform.
Remove any copyright, trademark or other proprietary rights notice from the Speaking Roses Platform or materials originating from the Speaking Roses Platform.
Frame or mirror any part of the Speaking Roses Platform.
Create a database by downloading and storing Speaking Roses Platform Content. Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or in any way Speaking Roses Platform Content or reproduce or circumvent the navigational structure or presentation of the Speaking Roses Platform without Speaking Roses’s express prior written consent.
Please use the email features of the Speaking Roses Platform responsibly. You may not use the Speaking Roses Platform to send unsolicited commercial email ('spam') or unsolicited mass distribution of files. In order to enforce this provision, Speaking Roses may establish additional policies regarding the use of email features, including, but not limited to, maximum retention times of messages, maximum number of messages sent per day, or a maximum size of a message.
You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” “offline readers,” etc., that access the Speaking Roses Platform in a manner that sends more request messages to Speaking Roses’s servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Speaking Roses grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Speaking Roses reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Speaking Roses Platform, nor to use the communication systems provided by the Speaking Roses Platform for any commercial solicitation purposes.
If you receive any email through the Speaking Roses Platform that you believe is not in compliance with the above provision, please notify us by forwarding the email, along with an explanatory note, to legal@speakingroses.com.
Cookies and Tracking Technologies
Like many websites, Speaking Roses uses automatic data collection tools, such as cookies, embedded web links, pixels, and web beacons. These tools collect certain standard information that your browser sends to our website. Examples include your browser type and the address of the website from which you arrived at our website. For example, we use web beacons in the emails we send on your behalf. These web beacons track certain behavior such as whether the email sent through the Services was delivered and opened and whether links within the email were clicked. They also allow us to collect information such as the recipient’s IP address, browser, clickstream behavior, email client type and other similar details. We use this information to measure the performance of your email campaigns, and to provide analytics information and enhance the effectiveness of our Services. Reports are also available to us when we send email to you, so we may collect and review that information.
Other Data Protection Rights
You and your Contacts may have the following data protection rights:
To access, correct, update or request deletion of Personal Information. Speaking Roses takes reasonable steps to ensure that the data we collect is reliable for its intended use, accurate, complete and up to date. As a Member, you can manage many of your individual account and profile settings within the dashboard provided through the Speaking Roses platform, or you may contact us directly by emailing us at personaldatarequests@Speaking Roses.com. You can also manage information about your Contacts within the dashboard provided through the Speaking Roses platform to assist you with responding to requests to access, correct, update or delete information that you receive from your Contacts.
In addition, individuals who are residents of the EEA can object to processing of their Personal Information, ask to restrict processing of their Personal Information or request portability of their Personal Information. You can exercise these rights by contacting us using the contact details provided in the "Questions and Concerns" section below. If any of your Contacts wishes to exercise any of these rights, they should contact you directly, or contact us as described in the "Privacy for Contacts" section below.
Similarly, if Personal Information is collected or processed on the basis of consent, the data subject can withdraw their consent at any time. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect processing of your Personal Information conducted in reliance on lawful processing grounds other than consent. If you receive these requests from Contacts, you can segment your lists within the Speaking Roses platform to ensure that you only market to Contacts who have not opted out of receiving such marketing.
The right to complain to a data protection authority about the collection and use of Personal Information. For more information, please contact your local data protection authority. Contact details for data protection authorities in the EEA are available here.
We respond to all requests we receive from individuals wishing to exercise their data protection rights in accordance with applicable data protection law. We may ask you to verify your identity in order to help us respond efficiently to your request. If we receive a request from one of your Contacts, we will either direct the Contact to reach out to you, or, if appropriate, we may respond directly to their request.
Information Sharing
We may share your personal information with third parties for the purposes of operating our business, delivering, improving, and customizing our Services, sending marketing and other communications related to our business, and for other legitimate purposes permitted by applicable law or otherwise with your consent.
We may share personal information in the following ways:
Except as described in this Privacy Statement, we will not disclose information about you that we collect on the WebSite to third parties without your consent. We may disclose information to third parties if you consent to us doing so, as well as in the following circumstances: Speaking Roses uses third parties to help us conduct our business, such as providing shipping services, hosting Web seminars, conducting sweepstakes and contests, sending news headlines and providing database management. Generally, we will only give a third party your information for the purpose that you have specified, such as fulfilling an order or request or conducting a sweepstakes. Speaking Roses may disclose information about you if required to do so by law or in the good-faith belief that such action is necessary to comply with state and federal laws, in response to a court order, judicial or other government subpoena or warrant, or to otherwise cooperate with law enforcement or other governmental agencies. We may also use or share your information to protect the rights or property of Speaking Roses, our business partners, suppliers, clients, or others when we have reasonable grounds to believe that such rights or property have been or could be affected. Speaking Roses also reserves the right to disclose information about you that we believe, in good faith, is appropriate or necessary to (i) take precautions against liability, (ii) protect ourselves or others from fraudulent, abusive, or unlawful uses or activity, (iii) investigate and defend ourselves against any third-party claims or allegations, (iv) protect the security or integrity of the Site or our products and services and any facilities or equipment used to make them available, or (v) protect our property or other legal rights (including, but not limited to, enforcement of our agreements), or the rights, property, or safety of others. In some cases, Speaking Roses may choose to buy or sell corporate assets. In these types of transactions, customer information is typically a business asset that is transferred. Moreover, if Speaking Roses, or substantially all of its assets were acquired, or in the unlikely event that Speaking Roses goes out of business or enters bankruptcy, customer information would be one of the assets that is transferred or acquired by a third party. Speaking Roses may make certain aggregated, automatically-collected, or otherwise non-personal information available to third parties for various purposes, including (i) compliance with various reporting obligations; (ii) for business or marketing purposes; or (iii) to assist such parties in understanding our users’ interests, habits, and usage patterns for certain programs, content, services, advertisements, promotions, and/or functionality available through the Site or our products or services.
Security of Your Personal Information
We intend to protect the personal information entrusted to us and treat it securely in accordance with this Privacy Statement. Speaking Roses implements physical, administrative, and technical safeguards designed to protect your personal information from unauthorized access, use, or disclosure. We also contractually require that our suppliers protect such information from unauthorized access, use, and disclosure. The Internet, however, cannot be guaranteed to be 100% secure, and we cannot ensure or warrant the security of any personal information you provide to us.
Retention of Personal Information
We will retain your personal information as needed to fulfill the purposes for which it was collected. We will retain and use your personal information as necessary to comply with our business requirements, legal obligations, resolve disputes, protect our assets, and enforce our agreements.
Legal Basis for Processing Personal Information (EEA Persons Only)
If you are from the European Economic Area, our legal basis for collecting and using the Personal Information described above will depend on the Personal Information concerned and the specific context in which we collect it.
However, we will normally collect and use Personal Information from you where the processing is in our legitimate interests and not overridden by your data-protection interests or fundamental rights and freedoms. Typically, our legitimate interests include improving, maintaining, providing, and enhancing our technology, products, and services; ensuring the security of the Services and our Websites; and for our marketing activities.
If you are a Member, we may need the Personal Information to perform a contract with you. In some limited cases, we may also have a legal obligationto collect Personal Information from you.
If we ask you to provide Personal Information to comply with a legal requirement or to perform a contact with you, we will make this clear at the relevant time and advise you whether the provision of your Personal Information is mandatory or not, as well as of the possible consequences if you do not provide your Personal Information. Where required by law, we will collect Personal Information only where we have your consent to do so.
Disclaimers
NONE OF SPEAKING ROSES, ITS AFFILIATES, THEIR RESPECTIVE MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS (COLLECTIVELY, THE ‘SPEAKING ROSES PARTIES’ ) MAKES ANY WARRANTIES OR REPRESENTATIONS ABOUT THE SPEAKING ROSES PLATFORM OR ITS CONTENTS, INCLUDING BUT NOT LIMITED TO THEIR ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS, OR RELIABILITY. NONE OF THE SPEAKING ROSES PARTIES SHALL BE SUBJECT TO LIABILITY FOR TRUTH, ACCURACY, OR COMPLETENESS OF ANY INFORMATION MADE AVAILABLE ON OR THROUGH THE SPEAKING ROSES PLATFORM OR FOR ERRORS, MISTAKES OR OMISSIONS THEREIN OR FOR ANY DELAYS OR INTERRUPTIONS OF THE DATA OR INFORMATION STREAM FROM WHATEVER CAUSE. YOU AGREE THAT YOU USE THE SPEAKING ROSES PLATFORM A SOLELY AT YOUR OWN RISK.
SPEAKING ROSES PROVIDES THIS SPEAKING ROSES PLATFORM AS A RESOURCE FOR USERS INVOLVED WITH INVESTING IN EARLY STAGE TECHNOLOGY AND EMERGING GROWTH COMPANIES BUT SPEAKING ROSES DOES NOT GIVE BUSINESS ADVICE, INVESTMENT ADVICE, TAX ADVICE OR LEGAL ADVICE TO ANYONE USING THE SPEAKING ROSES PLATFORM. SPEAKING ROSES DOES NOT CLAIM TO BE AND IS NOT A BROKER, DEALER OR INVESTMENT ADVISOR AND NOTHING HEREIN SHALL CONSTITUTE A SALE OR OFFER TO BUY OR SELL OR RECOMMEND ANY SECURITIES. SPEAKING ROSES DOES NOT MAKE INVESTMENTS. EACH USER OF THE SPEAKING ROSES PLATFORM MAKE HIS OR HER OWN INVESTMENT DECISIONS BASED UPON HIS OR HER PERSONAL DUE DILIGENCE INVESTIGATION AND OTHER PERSONAL INVESTMENT CRITERIA. SPEAKING ROSES IS NOT RESPONSIBLE FOR AND SHALL HAVE NO LIABILITY WITH RESPECT TO THE ACTIONS OR OMISSIONS OF ANYONE USING THE SPEAKING ROSES PLATFORM. AS A CONDITION TO YOUR USE OF THE SPEAKING ROSES PLATFORM, YOU HEREBY WAIVE AND RELEASE ANY AND ALL CLAIMS, CAUSES OF ACTION OR OTHER RIGHTS THAT YOU MIGHT HAVE AGAINST ANY OF THE SPEAKING ROSES PARTIES ARISING OUT OF OR RELATING TO THE SUBMISSION AND REVIEW OF ANY MATERIALS MADE AVAILABLE ON OR THROUGH THE SPEAKING ROSES PLATFORM.
SPEAKING ROSES DOES NOT AGREE TO ANY OBLIGATIONS OF CONFIDENTIALITY, NONDISCLOSURE OR NONUSE, EXCEPT AS EXPLICITLY PROVIDED FOR IN OUR PRIVACY POLICY. IN NO EVENT SHALL ANY SPEAKING ROSES PARTY BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM EITHER A PERSON OR ENTITY'S USE OR INABILITY TO USE THE SPEAKING ROSES PLATFORM, OR THE SUBMISSION OF ANY MATERIALS VIA THE SPEAKING ROSES PLATFORM, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF A SPEAKING ROSES PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Some jurisdictions do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. IN SUCH JURISDICTIONS, THE LIABILITY OF THE SPEAKING ROSES PARTIES SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Indemnification
At Speaking Roses's request, User agrees to defend, indemnify and hold harmless Speaking Roses, its shareholders, partners, affiliates, directors, officers, subsidiaries, employees, agents, licensees, distributors and content providers from all damages, liabilities, claims and expenses, including without limitation attorneys' fees and costs, arising from or related, directly or indirectly, to any misuse of the Speaking Roses Platform or breach of this Agreement by User.
Termination
Speaking Roses reserves the right to suspend or terminate these Terms of Service and/or any User’s access to the Speaking Roses Platform at any time and without notice in its sole discretion.
Entire Agreement/Severability
These Terms of Service, together with the Privacy Notice and any other legal notices published by Speaking Roses on the Speaking Roses Platform, shall constitute the entire agreement between you and Speaking Roses concerning the Speaking Roses Platform. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Speaking Roses’s failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision.
Arbitration
You agree that: (i) the Speaking Roses Platform shall be deemed solely based in Salt Lake City , Utah, Salt Lake City , Utah; and (ii) the Speaking Roses Platform shall be deemed a passive website that does not give rise to personal jurisdiction over Speaking Roses, either specific or general, in jurisdictions other than Salt Lake City , Utah. These Terms of Service shall be governed by the internal substantive laws of the State of Salt Lake City , Utah, without respect to its conflict of laws principles. All disputes arising out of or relating to this Agreement shall be finally resolved by arbitration conducted in Salt Lake City, UT under the rules of commercial arbitration of the American Arbitration Association. Both parties shall bear equally the cost of arbitration (exclusive of legal fees and expenses). All decisions of the arbitrator(s) shall be final and binding on both parties and enforceable in any court of competent jurisdiction.
Modifications to the Terms of Service.
Speaking Roses may change these Terms of Service at any time and in its sole discretion. The modified Terms of Service will be effective immediately upon posting and you agree to the new posted Terms of Service by continuing your use the Speaking Roses Platform. Speaking Roses will provide at least 10-days' notice before any material changes take effect. If you do not agree with the modified Terms of Service, your only remedy is to discontinue using the Speaking Roses Platform. Notwithstanding the foregoing, any changes to this Agreement shall not apply to any dispute between you and us arising prior to the date of such posting or other notification. We may, at any time, temporarily or permanently modify or discontinue all or part of Speaking Roses, with or without notice and/or offer opportunities to some or all users of Speaking Roses. You agree that the Speaking Roses Platform shall not be liable to you or to any third party for any modification, suspension or discontinuance of Speaking Roses, in whole or in part, or of any Service, content, feature or product offered through Speaking Roses. You agree that we may, at any time, charge fees in connection with the use of all or part of Speaking Roses and/or for certain features of the Services and that you will be responsible for all such charges (including any applicable tax). You will be notified in advance of any such charges.
USER ACKNOWLEDGES THAT USER HAS READ THIS AGREEMENT, UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS. USER FURTHER AGREES THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN USER AND SPEAKING ROSES WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, WRITTEN OR ORAL, AND ANY OTHER COMMUNICATION BETWEEN USER AND SPEAKING ROSES RELATING TO THE SUBJECT MATTER OF THIS TERMS OF SERVICE.