Terms of Use


This page states the Terms of Use ("Terms") under which You (as defined below) may use this site as an on-line service. This site features products and services related to the flower and gift industries.

By using this site, You agree to be bound by these Terms, including the Privacy Policy, and the Terms of Use Policy.

This site may revise these Terms at any time by posting an updated version to this web page. You should visit this page periodically to review the most current Terms because they are binding on You. The terms "You" and "User" as used herein refer to all individuals and/or entities accessing this site for any reason. The term "post" as used herein shall mean information that You submit, publish or display on this site..


Eligibility
You must be 18 years of age or older, or the age of majority as that is defined in your jurisdiction, whichever is older, to visit or use this site in any manner. By visiting this site you are accepting these Terms and You represent and warrant to this site that You have reached the age of majority in your jurisdiction, and that You have the right, authority and capacity to agree to and abide by these Terms. You also represent and warrant to this site that You will use this site in a manner consistent with any and all applicable laws and regulations.


Use of Content
This site authorizes You to view and access a single copy of the content available on or from this site solely for your personal use. The contents of this site and of all other Web sites under our control, whether partial or otherwise such as text, graphics, images, logos, button icons, software and other content (collectively, "General Content"), are protected under both United States and foreign copyright, trademark and other laws. All General Content is the property of this site or its content suppliers or clients. The compilation (meaning the collection, arrangement and assembly) of all content on this site is the exclusive property of this site and is protected by United States and foreign copyright, trademark, and other laws. Unauthorized use of the General Content may violate these laws, and is strictly prohibited. You must retain all copyright, trademark, service mark and other proprietary notices contained in the original General Content on any authorized copy You make of the General Content.

You agree not to sell or modify the General Content or reproduce, display, publicly perform, distribute, or otherwise use the General Content in any way for any public or commercial purpose, in connection with products or services that are not those of this site, in any other manner that is likely to cause confusion among consumers, that disparages or discredits this site or its licensors, that dilutes the strength of this site or its licensor's property, or that otherwise infringes this site or its licensor's intellectual property rights. You further agree to in no other way misuse General Content that appears on this Site. The use of the General Content on any other Web site or in a networked computer environment for any purpose is prohibited. Any code that this site creates to generate or display any General Content or the pages making up any is also protected by this site's copyright and you may not copy or adapt such code.


Site Restrictions
Users may not transmit, post, distribute, store or destroy material, including without limitation, General Content, (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, or (c) that is defamatory, obscene, threatening, abusive or hateful.

Users are also prohibited from violating or attempting to violate the security of any postings, including without limitation, the following activities: (a) accessing data not intended for such User or logging into a server or account which the User is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any User, host or network, including, without limitation, via means of submitting a virus to any part of this site, overloading, "flooding", "spamming", "mailbombing" or "crashing"; or (d) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil and/or criminal liability. This site will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations.

In order to ensure a safe and effective experience for all of our customers, this site reserves the right to limit the amount of data (including typed job application requests, resume, and/or resume views) that may be accessed by You in any given time period. These limits may be amended in this site's sole discretion from time to time.


Specific Prohibited Uses
The ordering areas and other features of this site may be used only for lawful purposes.

This site specifically prohibits any other use of this site, and all Users agree not to do any of the following:
(a) post any illegal materials on any this site for any competitor of this site;
(b) post any content on this site that contains hyperlinks, "hidden" keywords or keywords that are irrelevant to the job or are otherwise misleading;
(c) post irrelevant content anywhere on this site;
(d) use any information on this site for any purpose other than as intended;
(e) post or submit to any incomplete, false or inaccurate biographical information or information which is not your own;
(f) post information relating to any pyramid scheme, "club membership", distributorship or sales representative agency arrangement or other business opportunity not specifically engaged with or approved by this site for the purpose of benefiting the site users and visitors of this site.
(g) send unsolicited mail or e-mail, make unsolicited phone calls or send unsolicited faxes regarding promotions and/or advertising of products or services to a User of any part of this site;
(h) delete or revise any material posted by any other person or entity;
(i) take any action that imposes an unreasonable or disproportionately large load on any this site's infrastructure;
(j) notwithstanding anything to the contrary contained herein, use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search any areas of this site other than the search engine and search agents available from generally available third party web browsers (e.g., Internet Explorer, Firefox, Safari);
(k) decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of this site;
(l) aggregate, copy or duplicate in any manner any of the General Content or information available from this site, without express written consent from this site; or (m) frame or link to any General Content or information available from any part of this site.

This site does not necessarily monitor any materials posted, transmitted, or communicated to or within the Site. If you believe that something on the Site violates these Terms please contact our designated agent set forth in Section 10 below.

If notified by a User of User Content or other materials which allegedly do not conform to these Terms, this site may in its sole discretion investigate the allegation and determine whether to take any other actions whether to remove or request the removal of the User Content. This site has no liability or responsibility to Users for performance or nonperformance of such activities.


Registration Information
When You register with any part of this site, You will be asked to create an Account and provide this site with certain information including, without limitation, a valid email address (your "Information"). Information you submit will be used in accordance with this site's Privacy Policy.

This site reserves the right to offer third party services and products to You based on the preferences that You identify in your registration and at any time thereafter; such offers may be made by this site or by third parties. Please see this site's Privacy Policy, the terms of which are incorporated herein by reference, for further details regarding your Information.

Without limiting any of the other disclaimers of warranty set forth in these Terms, this site does not provide or make any representation as to the quality or nature of any of the third party products or services purchased through this site or any other related or referral site, or any other representation, warranty or guaranty. Any such undertaking, representation, warranty or guaranty would be furnished solely by the provider of such third party products or services, under the terms agreed to by the provider.


User Content and Submissions
You are solely responsible for your Account information, postings, Profile, content (including, without limitation works in any form, media, or technology whether now known or later developed), messages, audio, video, photos, text, images, compilations or other information ("User Content") that You post on this site or transmit to other Users. You agree that in submitting User Content or otherwise using this site that you will not impersonate any person, or submit any materials to this site that are false, inaccurate, misleading, unlawful, or are otherwise in violation of your obligations under these Terms.

By posting User Content to any public area of this site, including without limitation, message boards, Profiles, forums, contests and chat rooms, You automatically grant to this site and its affiliates an irrevocable, royalty-free, perpetual, fully paid non-exclusive right (including moral rights) and worldwide license to use, copy, reproduce, modify, adapt, publish, translate, communicate to the public, perform, display, and distribute such User Content (in whole or in part) and to prepare derivative works of, or incorporate into other works (in any form, media or technology now known or later developed, for the full term of any rights that may exist in such content) such User Content, and to grant and authorize sublicenses thereof (through multiple tiers).

You also represent and warrant that You have the right to grant or that the holder of any rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to You the right to grant, the license stated above. If you post User Content in any public area of this site, You also permit any User to access, display, view, store and reproduce such User Content for personal use. Subject to the foregoing, the owner of such User Content placed on this site retains any and all rights that may exist in such User Content.

This site acts as a passive conduit for the online distribution and publication of User Content and has no obligation to screen User Content, communications or information in advance and is not responsible for screening or monitoring User Content posted by Users. However, this site may review and remove any User Content that, in its sole judgment, violates these Terms, violates applicable laws, rules or regulations, is abusive, disruptive, offensive or illegal, or violates the rights of, or harms or threatens the safety of, Users of this site. This site reserves the right to expel Users and prevent their further access to the this site and/or use of affiliated site products & services for violating the Terms or applicable laws, rules or regulations. This site may take any action with respect to User Content that it deems necessary or appropriate in its sole discretion if it believes that such User Content could create liability for this site, damage this site's brand or public image, or cause this site to lose (in whole or in part) the services of its ISPs or other suppliers.

This site does not represent or guarantee the truthfulness, accuracy, or reliability of User Content or any other communications posted by Users or endorse any opinions expressed by Users. You acknowledge that any reliance on material posted by other Users will be at your own risk.

The following is a partial list of User Content that is prohibited on this sites. The list below is for illustration only and is not a complete list of all prohibited User Content.
Content that:
- is implicitly or explicitly offensive, such as User Content that engages in, endorses or promotes racism, bigotry, discrimination, hatred or physical harm of any kind against any group or individual;
- harasses, incites harassment or advocates harassment of any group or individual;
- involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming";
- promotes or endorses false or misleading information or illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- promotes or endorses an illegal or unauthorized copy of another person's copyrighted work, such as providing or making available pirated computer programs or links to them, providing or making available information to circumvent manufacture-installed copy-protect devices, or providing or making available pirated music or other media or links to pirated music or other media files;
- contains restricted or password only access pages, or hidden pages or images;
- displays or links to pornographic, indecent or sexually explicit material of any kind;
- provides or links to material that exploits people under the age of 18 in a sexual, violent or other manner, or solicits personal information from anyone under 18; or
- provides instructional information about illegal activities or other activities prohibited by these Terms, including without limitation, making or buying illegal weapons, violating someone's privacy, providing or creating computer viruses or pirating any media; and
- solicits passwords or personal identifying information from other Users.

It is also a violation of the Terms, to include in any User Content submitted to this site information that may be interpreted as direct solicitation, advertisement or recruitment that circumvents the Add-A-Job pages, policies, and practices of this site.

In order to protect our Users from commercial advertising or solicitation, this site reserves the right to restrict the number of e-mails which a User may send to other Users to a number which this site deems appropriate in its sole discretion.

If notified by a User of User Content or other materials which allegedly do not conform to these Terms, this site may in its sole discretion investigate the allegation and determine whether to take any other actions whether to remove or request the removal of the User Content. THis site has no liability or responsibility to Users for performance or nonperformance of such activities.

We appreciate hearing from our Users and welcome your comments regarding our services and this site. Please be advised, however, that our policy does not permit us to accept or consider creative ideas, suggestions, inventions or materials other than those which we have specifically requested. While we do value your feedback on our services, please be specific in your comments regarding our services and do not submit creative ideas, inventions, suggestions, or materials. If, despite our request, You send us creative suggestions, ideas, drawings, concepts, inventions, or other information (collectively the "Submission"), the Submission shall be the property of this site. None of the Submission shall be subject to any obligation of confidentiality on our part and we shall not be liable for any use or disclosure of any Submission. This site shall own exclusively all now known or later discovered rights to the Submission and shall be entitled to unrestricted use of the Submission for any purpose whatsoever, commercial or otherwise, without compensation to You or any other person.


Registration and Password
You are responsible for maintaining the confidentiality of your Account, Profile and passwords, as applicable, and your Billing Account. You may not share your password or other account access information with any other party, temporarily or permanently, and You shall be responsible for all uses of your registrations and passwords, whether or not authorized by You. You agree to immediately notify this site of any unauthorized use of your Account, Profile, passwords or this site's Client Billing Account, as the case may be.


Identification Of Agent To Receive Notification And Elements Of Notification Of Claimed Copyright or Trademark Infringement.
If You believe that your copyrighted work or trademark has been uploaded, posted or copied to any part of this site and is accessible on this site in a way that constitutes copyright or trademark infringement, please contact us for removal..


Policy Regarding Termination Of Users Who Repeatedly Infringe The Copyright Or Other Intellectual Property Rights Of Others
This site and all of its affiliated companies respect the intellectual property of others, and we ask our Users and content partners to do the same. The unauthorized posting, reproduction, copying, distribution, modification, public display or public performance of copyrighted works constitutes infringement of the copyright owners rights. As a condition to your use of this site, You agree not to use this site or any other affiliate site to infringe the intellectual property rights of others in any way. We will terminate the accounts of any Users, and block access to this siet and/or the other affiliate sites of any Users who are repeat infringers of the copyrights, or other intellectual property rights, of others. We reserve the right to take these actions at any time, in our sole discretion, with or without notice, and without any liability to the User who is terminated or to the User whose access is blocked.


This Site's Liability
This site acts as a venue for individuals and companies to view products and services provided by this or other companies. This company is not involved in the actual transaction between affiliates and customers. As a result, this site has no control over User Content, the quality, safety or legality of the products or services, the truth or accuracy of the listings, or delivery times & fees and this site makes no representations about any products, services or User Content on this site. This site may take any action with respect to User Content that it deems necessary or appropriate in its sole discretion if it believes that such User Content could create liability for this site, damage this site's brand or public image, or cause this site to lose (in whole or in part) the services of its ISPs or other suppliers. While this site reserves the right in its sole discretion to remove User Content or other material from this site from time to time, this site does not assume any obligation to do so and disclaims any liability for failing to take any such action.

If You are a California resident, You waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor."

This site and the General Content may contain inaccuracies or typographical errors. This site makes no representations about the accuracy, reliability, completeness, or timeliness of this site or the General Content. The use of this site and the General Content is at your own risk. Changes are periodically made to this site and may be made at any time. You acknowledge and agree that You are solely responsible for the form, content and accuracy of any job application, resume or any material contained therein placed by You on this site.

This site cannot guarantee and does not promise any specific results from use of this site. No advice or information, whether oral or written, obtained by a User from this site or through or from this site shall create any warranty not expressly stated herein.


Disclaimer of Warranty
THIS SITE DOES NOT WARRANT THAT ANY PRODUCTS OR SERVICES WILL OPERATE ERROR-FREE OR THAT THIS SITE AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THIS SITE OR THE GENERAL CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, THIS SITE IS NOT RESPONSIBLE FOR THOSE COSTS. THIS SITE AND GENERAL CONTENT ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. THIS SITE, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. THIS SITE MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE GENERAL CONTENT, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.


Disclaimer of Consequential Damages
IN NO EVENT SHALL THIS SITES, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON THIS SITE 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 THE USE OR INABILITY TO USE THIS SITE AND THE GENERAL CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THIS SITE IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.


Limitation of Liability
THIS SITES'S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS SITE OR YOUR USE OF THE GENERAL CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL NOT EXCEED $30.


Links to Other Sites
This site and certain other affiliated sies contain links to third party Web sites. These links are provided solely as a convenience to You and not as an endorsement by this site of the contents on such third-party web sites. This site is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third party web sites. If You decide to access linked third-party web sites, You do so at your own risk. This includes any and all links to products, services, and others.


No Resale or Unauthorized Commercial Use
You agree not to resell or assign your rights or obligations under these Terms. You also agree not to make any unauthorized commercial use of this site.


Indemnity
You agree to defend, indemnify, and hold harmless this site, its affiliates, and their respective officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) any User Content or other material You provide to this site, (ii) your use of any General Content, or (iii) your breach of the terms of these Terms. This siteshall provide notice to You promptly of any such claim, suit, or proceeding.


General
This site makes no claims that the General Content may be lawfully viewed or accessed outside of the United States. Access to the General Content may not be legal by certain persons or in certain countries. If You access this site or other affiliate sites from outside of the United States, You do so at your own risk and are responsible for compliance with the laws of your jurisdiction. These Terms are governed by the internal substantive laws of the State of Texas, without respect to its conflict of laws principles. Jurisdiction for any claims arising under this agreement shall lie exclusively with the state or federal courts within Houston, Texas. If any provision of these Terms are found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term. In addition, this site's failure to enforce any term of these Terms shall not be deemed as a waiver of such term or otherwise affect this site's ability to enforce such term at any point in the future. Except as expressly provided in an additional agreement, additional Terms for certain areas of this site, a particular "Legal Notice," or software license or material on particular pages, these Terms constitute the entire agreement between You and this site with respect to the use of this site. No changes to these Terms shall be made except by a revised posting on this page.


Additional Terms
Certain areas of this site and the other affiliate sites are subject to additional Terms. By using such areas, or any part thereof, You agree to be bound by the additional Terms applicable to such areas.

By using any areas of this website or the other affiliate sites that contain Google Maps, you agree to be bound by the Google Maps Terms of Use available at http://maps.google.com/help/terms_maps.html and the legal notices available at http://www.maps.google.com/help/legalnotices_maps.html as they may be updated from time to time.


Term and Termination
These Terms will remain in full force and effect while You are a User of this site at any level. This site reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to removal of your User Content from thi site and the other affiliate sites and immediate termination of your registration with or ability to access this site and the other affiliate sites and/or any other services provided to You by this site, upon any breach by You of these Terms or if this site is unable to verify or authenticate any information You submit to this site or pursuant to other affilaite site registration. Even after You are no longer a User of this site,certain provisions of these Terms will remain in effect, including Sections 2, 6, 8(b), 10 through 21, inclusive.

 

These Terms constitute a binding agreement between You and this site, and is accepted by You upon your use of this site.

 

 


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