1. Using Our Site
Welcome to FLORISTDIRECT.com (“the Site”), an Internet property of FLORISTDIRECT.com (FLORISTDIRECT, “we”, “us” or “our”). Thank you for choosing FLORISTDIRECT We’re pleased to help you meet all your website needs. By visiting any FLORISTDIRECT.com section, you acknowledge and agree to the following Terms & Conditions.
We may, in our sole discretion, modify these Terms & Conditions features,from time to time, and revisions will be included in new versions of the site. Pricing,service and support are subject to change without notice. Please continue to periodically review these Terms & Conditions when using the Site. By continuing to access and use the Site after these Terms & Conditions have been modified, you are agreeing to such modifications. In addition, when using particular services or features on the Site, you shall be subject to any posted guidelines or rules applicable to such services or features that may be posted on occasion, including, without limitation, any new features or functionality (e.g. video and related products) that augment or enhance the services or features. All such guidelines or rules are hereby incorporated by reference to these Terms & Conditions.
As an FLORISTDIRECT Member, you are responsible for all activity on your account and individuals you give permission to use your account. You agree to provide true and accurate information about yourself on your account information page and to update your information to ensure all data listed is current. You agree to authorize FLORISTDIRECT to charge purchases you make on your Credit Card Account.
We reserve the right, in our sole discretion, immediately and without notice to suspend or terminate your account and/or your ability to access the Site, for any reason including, but not limited to, any breach by you of these Terms and Conditions or conduct by you that we determine to be inappropriate. if you post any images or content to the Site that infringe the copyright of any third party, such conduct shall be grounds for immediate termination of your account.
4. Copyright & Trademarks
The content of this website includes copyrighted materials, trademarks and other proprietary information, including, without limitation, text, photos, and graphics, which are protected by the intellectual property rights of FLORISTDIRECT. Except as otherwise expressly permitted by applicable law, you agree not to copy, redistribute, publish or otherwise exploit material from this website without the express prior written permission of FLORISTDIRECT. You may not display content from this Site in frames or “in-line links” or use any of FLORISTDIRECT’s trademarks or names as “metatags” on other websites without express written permission from FLORISTDIRECT.
5. Email Marketing
Your use of the Email Marketing must comply with the CAN-SPAM Act of 2003 and alla pplicable laws relating to the distribution of emails (collectively, “SPAM Laws”). In the event that your use of the Email Marketing is in alleged or actual violation of any SPAM Laws, you shall indemnify, defend, and hold harmless FLORISTDIRECT from any and all loses resulting from any third party claims.
Although we may from time to time monitor or review discussions, chats, postings, transmissions, bulletin boards, and the like on the Service, we are under no obligation to do so and assume no responsibility or liability arising from the content of any such locations nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such locations on the Service. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting any such information or materials.
7. Modificiations to Service
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
8. Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE AND ALL PRODUCTS OBTAINED THROUGH THE SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICE OR THE INFORMATION, CONTENT, SERVICES OR PRODUCTS INCLUDED OR OFFERED ON OR THROUGH THE SERVICE, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b. WE MAKE NO WARRANTY THAT (i) THE SERVICE OR ANY PRODUCTS OBTAINED THROUGH THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR ANY PRODUCTS PROVIDED THEREIN WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY SERVICES OR INFORMATION OR PRODUCTS OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SERVICE WILL BE CORRECTED.
c. ANY MATERIAL OBTAINED FROM THROUGH THE USE OF THE SERVICE IS OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM OBTAINING ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR FROM OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.
TO THE FULLEST EXTENT PERMITTED BY LAW, THE DISCLAIMERS OF LIABILITY CONTAINED HEREIN APPLY TO ANY AND ALL DAMAGES OR INJURY WHATSOEVER CAUSED BY OR RELATED TO THIS WEBSITE UNDER ANY CAUSE OR ACTION WHATSOEVER OF ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT AND THAT NEITHER FLORISTDIRECT NOR ITS AFFILIATES, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY DAMAGES INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE OR ANY PRODUCT OBTAINED THROUGH THE SERVICE; (ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (iv) ANY OTHER MATTER RELATING TO THE SERVICE. OR CONSEQUENTIAL DAMAGES IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THIS WEBSITE.
9. General Information
These Terms & Conditions and your FLORISTDIRECT Membership govern our relationship and use of the Site. You also may be subject to additional Terms & Conditions that may apply when you use affiliate services, third-party content or third-party software. These Terms & Conditions and the relationship between you and us shall be governed by the laws of the State of California without regard to its conflict of law provisions. Unless otherwise provided herein, you and we agree to submit to the personal and exclusive jurisdiction and venue of the courts located within the State of California. Any failure on our part to exercise or enforce any right or provision of these Terms & Conditions shall not constitute a waiver of such right or provision. If any provision of these Terms & Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms & Conditions remain in full effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the service or these Terms & Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred.
10. Contact Information
If you have any questions about our Terms & Conditions or its implementation, please contact us.