Terra Plants & Flowers Inc. and its subsidiaries (collectively, the "Company") welcome you to terraflowers.com. The goal of this web site is to provide access to our wide selection of floral and gift products to as wide an audience as possible. To ensure a safe, pleasant environment for all of our users, we have established these Terms of Use. In this way, you will know what you can expect from us and what we expect from you. By accessing any areas of terraflowers.com, you agree to be legally bound and to abide by the terms set forth below.

Disclaimers and Limitation of Liability

You expressly agree that use of terraflowers.com is at your sole risk. Neither the Company, nor its affiliates, nor any of its officers, directors, or employees, agents, third-party content providers ("Providers"), merchants ("Merchants"), sponsors ("Sponsors"), licensors ("Licensors"), or the like (collectively, "Associates"), warrant that terraflowers.com will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of terraflowers.com or as to the accuracy, reliability, or currency of any information content, service, or merchandise provided through terraflowers.com except that the Company does guarantee (through its "100% Satisfaction Guarantee") , and if it does not, the Company's sole maximum liability will be not more than to refund the purchase price or to replace and deliver an equivalent floral arrangement as soon as reasonably practicable.
Terraflowers.com is provided on an "as is," "as available" basis and the Company specifically disclaims warranties of any kind, either expressed or implied, including but not limited to warranties of title or implied warranties of merchantability or fitness for a particular purpose. No oral advice or written information given by the Company nor its affiliates, nor any of its officers, directors, employees, agents, Providers, Merchants, Sponsors, Licensors, or the like, shall create a warranty.
Under no circumstances shall the Company or any other party involved in creating, producing, or distributing terraflowers.com be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of or inability to use terraflowers.com including but not limited to reliance by you on any information obtained from terraflowers.com or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction, or unauthorized access to the Company's records, programs, or services. You hereby acknowledge that this paragraph shall apply to all Content, merchandise, and services available through terraflowers.com. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states liability is limited to the fullest extent permitted by law.

Proprietary Rights

You acknowledge that terraflowers.com contains information, data, software, photographs, graphs, videos, typefaces, graphics, and other material (collectively "Content") that are protected by copyrights, trademarks, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under the copyright laws, and the Company owns a copyright in the selection, coordination, arrangement, and enhancement of such Content. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. If no specific restrictions are displayed, you may make copies of select portions of the Content, provided that the copies are made only for your personal use and that you maintain any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the copyright laws, you may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other propriety right. In addition to the foregoing, use of any software Content shall be governed by the software license agreement accompanying such software.

Third Party Content

The Company is a distributor and not a publisher of the Content supplied by third parties and you. The Company does not have editorial control over such Content. Any opinions, advice, statements, services, offers, or other information that constitutes part of the Content expressed or made available by third parties, including Providers, Merchants, Sponsors, Licensors, or any other user of terraflowers.com, are those of the respective authors or distributors and not of the Company or its affiliates or any of its officers, directors, employees, or agents. Neither the Company nor its affiliates, nor any of its officers, directors, employees, or agents, nor any third party, including any Provider, Merchant, Sponsor, Licensor, or any other user of terraflowers.com, guarantees the accuracy, completeness, or usefulness of any Content, nor its merchantability or fitness for any particular purpose. In many instances, the Content available through terraflowers.com represents the opinions and judgments of the respective Provider, Merchant, Sponsor, Licensor, or user not under contract with the Company. The Company neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on terraflowers.com by anyone other than authorized Company employees. Under no circumstances shall the Company, or its affiliates, or any of its officers, directors, employees, or agents be liable for any loss or damage caused by your reliance on information obtained through terraflowers.com It is your responsibility to evaluate the information, opinion, advice, or other Content available through terraflowers.com

The Company's Rights

The Company may elect to electronically monitor areas of terraflowers.com and may disclose any Content, records, or electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate this web site; or (iii) to protect the rights or property of the Company, its users, Sponsors, Providers, Licensors, or Merchants. The Company is not responsible for screening, policing, editing, or monitoring such Content. If notified of allegedly infringing, defamatory, damaging, illegal, or offensive Content, The Company may investigate the allegation and determine in its sole discretion whether to remove or request the removal of such Content from terraflowers.com

The Company reserves the right to prohibit or remove conduct, communication, or Content that it deems in its sole discretion to be harmful to users, the Company, the communities that make up terraflowers.com, or any rights of the Company or any third party, or to violate any applicable law. Notwithstanding the foregoing, neither the Company nor its Providers, Merchants, Sponsors, or Licensors can ensure prompt editing or removal of questionable Content after online posting. Accordingly, neither terraflowers.com, nor its affiliates, nor any of its officers, directors, employees, or Agents, nor Provider, Merchant, Sponsor, or Licensor shall assume liability for any action or inaction with respect to conduct, communication, or Content on terraflowers.com.

Online Conduct

Any conduct by you that in the Company's sole discretion restricts or inhibits any other user from using or enjoying terraflowers.com will not be permitted. You agree to use terraflowers.com only for lawful purposes. You are prohibited from posting on or transmitting through terraflowers.com any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law.

Public and Private Communications

The Company will not screen public communications in advance. The Company is not responsible for your submissions or responses. Any product concept or ideas submitted by you to terraflowers.com will be considered public and nonproprietary. The Company will not be responsible for any claims to intellectual property if those concepts or ideas are used in promotions, marketing or product concepts. The Company reserves the right to remove any Content that it deems in its sole discretion to be a violation of any law.

Privacy Policy

At the Company, we recognize and respect the importance of maintaining the privacy of our customers and members and have established a privacy policy as a result. In our Privacy Policy we describe why we gather customer and member information, what information we collect, how we collect it, what we use the information for and how you can instruct us if you prefer to limit the use of that information. We encourage you to carefully read our Privacy Policy.

Indemnity

You agree to indemnify, defend and hold harmless the Company and its Associates from and against any and all liability, claims, costs and expenses (including without limitation reasonable legal fees and expenses), alleging or resulting from your use of terraflowers.com in violation or breach of the Terms of Use.

Termination of Usage

The Company may terminate your access, or suspend your access to all or part of terraflowers.com without notice, for any conduct that terraflowers.com, in its sole discretion, believes is in violation of any applicable law or is harmful to the interests of another user, a third-party Provider, Merchant, Sponsor, Licensor, service provider, or the Company.

Miscellaneous

You may not use terraflowers.com to send unsolicited advertising, promotional material, or other forms of solicitation to other users, except in specified areas, if any, that are designated for such a purpose.

Acknowledgment and Changes

This Agreement represents the entire understanding between you and the Company regarding your relationship with the Company and terraflowers.com and supersedes any prior statements or representations. YOU AGREE TO BE BOUND BY THE TERMS OF USE by accessing any areas of the terraflowers.com web site. We reserve the right to change the Terms of Use at any time. If we make any change to the Terms of Use, we will post those changes on this page and they will become effective upon posting.