Last updated July 1, 2014
Welcome to the Absolutely Flowers, Inc. web site (the Site). This site is provided as a service to our customers. Please review the following terms and conditions of use (the “Agreement”), which govern your use of the Site.
Your use of the Site constitutes your agreement to follow and be bound by the Agreement. We reserve the right to update or modify this Agreement at any time without prior notice. For this reason, we encourage you to review the Agreement whenever you use the Site. If you do not agree to these terms, please do not use the Site.
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
Right to Change Site
We reserve the right, at any time in our sole discretion, to: modify, suspend or discontinue the Site or any service, content, feature or product offered through the Site, with or without notice; charge fees in connection with the use of the Site; modify and/or waive any fees charged in connection with the Site; and/or offer opportunities to some or all users of the Site. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site, or any service, content, feature or product offered through the Site.
Unless otherwise noted, the Site, and all materials on the Site, including text, images, illustrations, designs, icons, photographs, video clips and other materials, and the copyrights, trademarks, trade dress and/or other intellectual property in such materials (collectively, the “Contents”), are owned, controlled or licensed by Absolutely Flowers, Inc. Trademarks appearing on the Site are the trademarks of Absolutely Flowers, Inc. and/or its subsidiaries.
The Site and the Contents are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded Content is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or exploit in any way any of the Contents or the Site.
Unless otherwise specified, the Site and the Contents are intended to promote Absolutely Flowers, Inc.’s products and services available in the United States. The Site is controlled and operated by Absolutely Flowers, Inc. from its offices in Hutchinson, Kansas.
User Comments, Feedback, and Other Submissions
Absolutely Flowers, Inc. is pleased to hear from users and welcomes your comments regarding our products and services. Absolutely Flowers, Inc.’s longstanding company policy does not allow us to accept or to consider creative ideas, suggestions, proposals, plans, or other materials other than those we have specifically requested. We hope that you will understand that the intent of this policy is to avoid the possibility of future misunderstandings when projects developed by Absolutely Flowers, Inc.’s employees and agents might seem to be similar to creative works submitted by users. Accordingly, while we value your feedback, we must ask that you do not send creative ideas, suggestions, proposals, plans, or other materials for our business. If, at our request, you send certain specific submissions or without out a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “Comments”), you agree that Absolutely Flowers, Inc. may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any Comments that you forward to Absolutely Flowers, Inc. Absolutely Flowers, Inc. is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay compensation for any Comments; or (3) to respond to any Comments. Absolutely Flowers, Inc. has the right but not the obligation to monitor and edit or remove any Comments.
You agree that your Comments will not violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right. You further agree that your Comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Site. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead Absolutely Flowers, Inc. or third parties as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy. Absolutely Flowers, Inc. takes no responsibility and assumes no liability for any Comments posted by your or any third party.
Personal Information Submitted Through the Site
Absolutely Flowers, Inc. respects the intellectual property of others. If you believe that your work has been copied in any way that constitutes copyright infringement, please contact us immediately either by US mail, email or telephone. This contact information is available on the “Contact Us” section of the Site.
The prices displayed on the Site are quoted in U.S. Dollars.
Certain products are available exclusively online through the Site. These products may have limited quantities and are subject to return or exchange only through the Site according to the applicable return policy.
Errors, Inaccuracies, and Omissions
Occasionally there may be information on our Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Site is inaccurate at any time without prior notice (including after you have submitted your order).
We have made every effort to display as accurately as possible the colors of our products that appear at the Site. We cannot guarantee that your computer monitor’s display of any color will be accurate.
Links to Other Web Site and Services
The Site may contain links to other Web sites that are not under the control of Absolutely Flowers, Inc. Absolutely Flowers, Inc. has no responsibility for the linked Web sites nor does linking constitute an endorsement of any linked Web site. Links are provided solely for the convenience and information of the Site’s users.
The materials on the Site are provided “as is” without warranties of any kind, either express or implied, including without limitation, warranties of title, implied warranties of merchantability, fitness for a particular purpose or non-infringement of intellectual property. Absolutely Flowers, Inc. expressly disclaims any duty to update or revise the materials on the Site, although Absolutely Flowers, Inc. may modify the materials at any time without notice. Your use of the Site is at your sole risk, and you assume full responsibility for any costs associated with your use of the Site. Absolutely Flowers, Inc. shall not be liable for any damages of any kind related to your use of the Site.
You agree to defend, indemnify and hold Absolutely Flowers, Inc. harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the Site and/or your breach of any representation, warranty, or other provision of the Agreement.
Mindful of the high cost of litigation, not only in dollars but also in time and energy, both you and Absolutely Flowers, Inc. agree to the following dispute resolution procedure: In the event of any controversy, claim, action or dispute arising out of or related to any transaction conducted on the Site, or the breach, enforcement, interpretation, or validity of this Agreement or any part of it (“Dispute”), the party asserting the Dispute shall first try in good faith to settle such Dispute by providing written notice to the other party (by first class or registered mail) describing the facts and circumstances (including any relevant documentation) of the Dispute and allowing the receiving party 30 days in which to respond to or settle the Dispute. Notice shall be sent
(1) to Absolutely Flowers, Inc. at: Absolutely Flowers, Inc. 1328 N Main St.
Hutchinson, KS 67501, or
(2) to you at: your last-used billing address or the billing and/or shipping address in your online profile.
Both you and Absolutely Flowers, Inc. agree that this dispute resolution procedure is a condition precedent which must be satisfied prior to initiating any litigation or filing any claim against the other party.
Choice of Law
This Agreement shall be construed in accordance with the laws of the State of Kansas, without regard to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by the state and/or federal courts of the State of Kansas. The waiver of any provision of the Agreement shall not be considered a waiver of any other provision or of Absolutely Flowers, Inc.’s right to require strict observance of each of the terms herein. If any provision of the Agreement is found to be unenforceable or invalid for any reason, that provision shall be severable, and all other provisions shall remain in full force and effect. This Agreement constitutes the entire agreement between us relating to your use of the Site.
These terms are effective unless and until terminated by either you or Absolutely Flowers, Inc. You may terminate this Agreement at any time. Absolutely Flowers, Inc. also may terminate this Agreement at any time without notice, and accordingly may deny you access to the Site, if in our sole judgment you fail to comply with any term or provision of the Agreement. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this Agreement for all purposes.