Conditions of Use
Welcome to FloralShip. FloralShip and its affiliates provide their
services to you subject to the following conditions. If you use any
of the following, but not limited to, FloralShip.com, FloralShip
produced software applications (web, desktop, and handheld), data
structures, documentation, or have had general communication
regarding any of these products you accept these conditions. Please
read them carefully. In addition, when you use any current or future
FloralShip services or visit or purchase from any business
affiliated with FloralShip, whether or not included in the
FloralShip Web site, you also will be subject to the guidelines and
conditions applicable to such service or business. If these
conditions are inconsistent with such guidelines and conditions,
such guidelines and conditions will control.
ELECTRONIC COMMUNICATIONS
When you visit FloralShip or send e-mails to us, you are
communicating with us electronically. You consent to receive
communications from us electronically. We will communicate with you
by e-mail or by posting notices on this site. You agree that all
agreements, notices, disclosures and other communications that we
provide to you electronically satisfy any legal requirement that
such communications be in writing.
COPYRIGHT
All content included on FloralShip or provided by FloralShip, such
as text, graphics, logos, button icons, images, audio clips, digital
downloads, data compilations, and software, is the property of
FloralShip or its content suppliers and protected by United States
and international copyright laws. The compilation of all content on
this site is the exclusive property of FloralShip and protected by
U.S. and international copyright laws. All software used on this
site is the property of FloralShip or its software suppliers and
protected by United States and international copyright laws.
LICENSE AND SITE ACCESS
FloralShip grants you a limited license to access and make personal
use of this site and not to download (other than page caching) or
modify it, or any portion of it, except with express written consent
of FloralShip. This license does not include any resale or
commercial use of this site or its contents; any collection and use
of any product listings, descriptions, or prices; any derivative use
of this site or its contents; any downloading or copying of account
information for the benefit of another merchant; or any use of data
mining, robots, or similar data gathering and extraction tools. This
site or any portion of this site may not be reproduced, duplicated,
copied, sold, resold, visited, or otherwise exploited for any
commercial purpose without express written consent of FloralShip.
You may not frame or utilize framing techniques to enclose any
trademark, logo, or other proprietary information (including images,
text, page layout, or form) of FloralShip and our affiliates without
express written consent. You may not use any meta tags or any other
"hidden text" utilizing FloralShip's name or trademarks without the
express written consent of FloralShip. Any unauthorized use
terminates the permission or license granted by FloralShip. You are
granted a limited, revocable, and nonexclusive right to create a
hyperlink to the home page of FloralShip so long as the link does
not portray FloralShip, its affiliates, or their products or
services in a false, misleading, derogatory, or otherwise offensive
matter. You may not use any FloralShip logo or other proprietary
graphic or trademark as part of the link without express written
permission.
YOUR ACCOUNT
If you use this site, you are responsible for maintaining the
confidentiality of your account and password and for restricting
access to your computer, and you agree to accept responsibility for
all activities that occur under your account or password. FloralShip
and its affiliates reserve the right to refuse service, terminate
accounts, remove or edit content, or cancel orders in their sole
discretion.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Users may post descriptions, notes, and other content; and send
communications, so long as the content is not illegal, obscene,
threatening, defamatory, invasive of privacy, infringing of
intellectual property rights, or otherwise injurious to third
parties or objectionable and does not consist of or contain software
viruses, political campaigning, commercial solicitation, chain
letters, mass mailings, or any form of "spam." You may not use a
false e-mail address, impersonate any person or entity, or otherwise
mislead as to the origin of content. FloralShip reserves the right
(but not the obligation) to remove or edit such content, but does
not regularly review posted content.
If you do post content or submit material, and unless we indicate
otherwise, you grant FloralShip and its affiliates a nonexclusive,
royalty-free, perpetual, irrevocable, and fully sub licensable right
to use, reproduce, modify, adapt, publish, translate, create
derivative works from, distribute, and display such content
throughout the world in any media. You grant FloralShip and its
affiliates and sub licensees the right to use the name that you
submit in connection with such content, if they choose. You
represent and warrant that you own or otherwise control all of the
rights to the content that you post; that the content is accurate;
that use of the content you supply does not violate this policy and
will not cause injury to any person or entity; and that you will
indemnify FloralShip or its affiliates for all claims resulting from
content you supply. FloralShip has the right but not the obligation
to monitor and edit or remove any activity or content. FloralShip
takes no responsibility and assumes no liability for any content
posted by you or any third party.
COPYRIGHT COMPLAINTS
FloralShip and its affiliates respect the intellectual property of
others. If you believe that your work has been copied in a way that
constitutes copyright infringement, please follow our Notice and
Procedure for Making Claims of Copyright Infringement.
RISK OF LOSS
All items purchased through FloralShip with a supplier are made
pursuant to a shipment contract. This means that the risk of loss
and title for such items pass to you upon our delivery to the
carrier and FloralShip is not liable whatsoever for the loss. All
issues of loss are to be taken up directly with the individual
suppliers .
PRODUCT DESCRIPTIONS
FloralShip and its affiliates attempt to be as accurate as possible.
However, FloralShip does not warrant that product descriptions or
other content of this site is accurate, complete, reliable, current,
or error-free. If a product offered by a Supplier itself is not as
described, it is your sole responsibility to remedy this with the
supplier directly.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE IS PROVIDED BY FLORALSHIP ON AN "AS IS" AND "AS AVAILABLE"
BASIS. FLORALSHIP MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY
KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE
INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE.
YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, FLORALSHIP
DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE. FLORALSHIP DOES NOT WARRANT THAT THIS SITE, ITS
SERVERS, OR E-MAIL SENT FROM FLORALSHIP ARE FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS. FLORALSHIP WILL NOT BE LIABLE FOR ANY DAMAGES OF
ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT
LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL
DAMAGES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR
THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY
TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR
LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL
RIGHTS.
APPLICABLE LAW
By visiting FloralShip, you agree that the laws of the state of
California, without regard to principles of conflict of laws, will
govern these Conditions of Use and any dispute of any sort that
might arise between you and FloralShip or its affiliates.
DISPUTES
Any dispute relating in any way to your visit to FloralShip or to
products you purchase through FloralShip shall be submitted to
confidential arbitration in San Diego, California, except that, to
the extent you have in any manner violated or threatened to violate
FloralShip's intellectual property rights, FloralShip may seek
injunctive or other appropriate relief in any state or federal court
in the state of California, and you consent to exclusive
jurisdiction and venue in such courts. Arbitration under this
agreement shall be conducted under the rules then prevailing of the
American Arbitration Association. The arbitrator's award shall be
binding and may be entered as a judgment in any court of competent
jurisdiction. To the fullest extent permitted by applicable law, no
arbitration under this Agreement shall be joined to an arbitration
involving any other party subject to this Agreement, whether through
class arbitration proceedings or otherwise.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review any and all other FloralShip policies, but not limited
to, those posted on this site. These policies also govern your visit
to FloralShip. We reserve the right to make changes to our site,
policies, and these Conditions of Use at any time. If any of these
conditions shall be deemed invalid, void, or for any reason
unenforceable, that condition shall be deemed severable and shall
not affect the validity and enforceability of any remaining
condition.
OUR ADDRESS
FloralShip, Inc.
940 Calle Negocio, Suite 155
San Clemente, CA 92673
http://www.FloralShip
Notice and Procedure for Making Claims of Copyright Infringement
If you believe that your work has been copied in a way that
constitutes copyright infringement, please provide FloralShip's
copyright agent the written information specified below. Please note
that this procedure is exclusively for notifying FloralShip and its
affiliates that your copyrighted material has been infringed.
An electronic or physical signature of the person authorized to act
on behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has been
infringed upon;
A description of where the material that you claim is infringing is
located on the site, including the product ID number, if applicable;
Your address, telephone number, and e-mail address;
A statement by you that you have a good-faith belief that the
disputed use is not authorized by the copyright owner, its agent, or
the law;
A statement by you, made under penalty of perjury, that the above
information in your notice is accurate and that you are the
copyright owner or authorized to act on the copyright owner's
behalf.
FloralShip's Copyright Agent for notice of claims of copyright
infringement on its site can be reached as follows:
Copyright Agent
FloralShip Legal Department
940 Calle Negocio, Suite 155
San Clemente, CA 92673
.