Terms and Conditions of Use

I. ACCEPTANCE OF CONDITIONS AND TERMS OF USE AND AMENDMENTS
Each time you use or access the Whole Blossoms web site, you agree to be bound by these Conditions and Terms of use, as amended from time to time, with or without notice to you. In addition, if you are purchasing a particular service on this web site or accessed via this web site, you will be subject to any rules or guidelines applicable to those goods, and they will be incorporated by reference within these Terms and Conditions of use. Please read Whole Blossoms' Privacy Policy in conjunction with these Terms and Condition of use.

II. WHOLE BLOSSOMS WEBSITE AND GOODS

This web site, the published information, and goods are provided on an "AS IS" basis. You agree that Whole Blossoms reserves the right to modify or discontinue provision of this web site and its published goods, and to remove the data you provide, either temporarily or permanently, at any time, without notice and without any liability towards you. Whole Blossoms will not be held responsible or liable for timeliness, removal of information, failure to store information, inaccuracy of information, or improper delivery of information.

III. YOUR RESPONSIBILITIES AND REGISTRATION OBLIGATIONS
In order to use this web site or certain parts of it, you may be required to register for a user account on this web site. In this case, you agree to provide truthful information when requested, and you undertake that you are at least the required age. By registering for a user account, you explicitly agree to this site's Conditions and Terms of use, including any amendments made by Whole Blossoms that are published herein.

IV. PASSWORD AND ACCOUNT SECURITY
You are responsible for maintaining the confidentiality of your password, and you will be responsible for all usage of your user account and/or user name, whether authorized or not authorized by you. You agree to immediately notify Whole Blossoms of any unauthorized use of your user account, user name, or password.

You accept full responsibility for all activities that occur within your Whole Blossoms account.

V. YOUR CONDUCT
By using this web site or any service provided, you explicitly agree that:
(a) you will not provide any content or conduct yourself in any way that may be construed as: unlawful; illegal; threatening; harmful; abusive; harassing; stalking; tortious; defamatory; libelous; vulgar; obscene; offensive; objectionable; pornographic; designed to interfere with or disrupt the operation of this web site or any service provided; infected with a virus or other destructive or deleterious programming routine; giving rise to civil or criminal liability; or in violation of an applicable local, national or international law;
(b) you will not impersonate or misrepresent your association with any person or entity; you will not forge or otherwise seek to conceal or misrepresent the origin of any content provided by you;
(c) you will not collect or harvest any information about other users;
(d) you will not provide, and you will not use this web site to provide, any content or service in any commercial manner, or in any manner that would involve junk mail, spam, chain letters, pyramid schemes, or any other form of unauthorized advertising or commerce; you will not use this web site to promote or operate any service or content without Whole Blossoms' prior written consent.

VI. SUBMISSIONS OF CONTENT ON WHOLEBLOSSOMS.COM WEB SITE
By providing any content to this web site that includes but not is not limited to photographs and testimonials:
(a) you agree to grant Whole Blossoms a worldwide, royalty-free, perpetual, non-exclusive right and license (including any moral rights or other necessary rights.) to use, display, reproduce, modify, adapt, publish, distribute, perform, promote, archive, translate, and to create derivative works and compilations, in whole or in part. Such license will apply with respect to any form, media, technology already known at the time of provision or developed subsequently;
(b) you warrant and represent that you have all legal, moral, and other rights that may be necessary to grant Whole Blossoms the license specified in this section VI;
(c) you acknowledge and agree that Whole Blossoms will have the right (but not obligation), at Whole Blossoms' entire discretion, to refuse to publish, or to remove, or to block access to any content you provide, at any time and for any reason, with or without notice.

VII. THIRD-PARTY GOODS
Goods of third parties may be advertised and/or may be made available on or through this web site. Representations made regarding products provided by third parties will be governed by the policies and representations made by these third parties. Whole Blossoms will not in any manner be liable for or responsible for any of your dealings or interaction with third parties.

VIII. INDEMNIFICATION
You agree to indemnify and hold harmless Whole Blossoms and Whole Blossoms' representatives, subsidiaries, affiliates, related parties, officers, directors, employees, agents, independent contractors, advertisers, partners, and co-branders, from any claim or demand, including reasonable legal fees, that may be filed by any third party, arising out of your conduct or connection with this web site or service, your provision of content, your violation of these Conditions and Terms of use, or any other violation by you of the rights of another person or party.

IX. DISCLAIMER OF WARRANTIES
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THIS WEB SITE AND OF ANY SERVICES OR CONTENT PROVIDED (THE "SERVICE") IS AT YOUR OWN RISK. SERVICES AND CONTENT ARE PROVIDED TO YOU "AS IS", AND WHOLE BLOSSOMS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER IMPLIED OR EXPRESS, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WHOLE BLOSSOMS MAKES NO WARRANTY, EITHER IMPLIED OR EXPRESS, THAT ANY PART OF THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, TIMELY, SECURE, ACCURATE, RELIABLE, OR OF ANY QUALITY, NOR IS IT WARRANTED EITHER IMPLICITLY OR EXPRESSLY THAT ANY CONTENT IS SAFE IN ANY MANNER FOR DOWNLOAD. YOU UNDERSTAND AND AGREE THAT NEITHER WHOLE BLOSSOMS NOR ANY PARTICIPANT IN THE SERVICE PROVIDES PROFESSIONAL ADVICE OF ANY KIND AND THAT ANY ADVICE OR ANY OTHER INFORMATION OBTAINED VIA THIS WEB SITE MAY BE USED SOLELY AT YOUR OWN RISK, AND THAT WHOLE BLOSSOMS WILL NOT BE HELD LIABLE IN ANY WAY.

Some jurisdictions may not allow disclaimers of implied warranties, and certain statements in the above disclaimer may not apply to you as regards implied warranties; the other terms and conditions remain enforceable notwithstanding.

X. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WHOLE BLOSSOMS.COM, ITS MANAGING MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, SUPPLIERS OR OTHER REPRESENTATIVES WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, COMPENSATORY, SPECIAL, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES. THIS INCLUDES, BUT IS NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REVENUES, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WHOLE BLOSSOMS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM (I) THE PURCHASE OF GOODS OR THE INABILITY TO PURCHASE GOODS, (II) THE COST OF OBTAINING SUBSTITUTE GOODS AND/OR SERVICES RESULTING FROM ANY TRANSACTION ENTERED INTO ON THROUGH SERVICES, (III) CONTENT OR USE OF OUR SITE (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA TRANSMISSIONS, (V) STATEMENTS BY ANY THIRD PARTY OR CONDUCT OF ANY THIRD PARTY USING SERVICES, OR (VI) ANY OTHER MATTER RELATING TO SERVICES.

In some jurisdictions, it is not permitted to limit liability and, therefore, such limitations may not apply to you.

XI. RESERVATION OF RIGHTS
Whole Blossoms reserves all of Whole Blossoms' rights, including but not limited to any and all copyrights, trademarks, patents, trade secrets, and any other proprietary right that Whole Blossoms may have in respect of this web site, its content, and goods that may be provided. The use of Whole Blossoms' rights and property requires Whole Blossoms' prior written consent. By making goods available to you, Whole Blossoms is not providing you with any implied or express licenses or rights, and you will have no rights to make any commercial use of this web site or provided services without Whole Blossoms' prior written consent.

XII. APPLICABLE LAW
You agree that these Conditions and Terms of use and any dispute arising out of your use of this web site or products or services provided will be governed by and construed in accordance with local laws applicable at Whole Blossoms' domicile, notwithstanding any differences between the said applicable legislation and legislation in force at your location. By registering for a user account on this web site, or by using this web site and the services it provides, you accept that jurisdiction is granted to the courts having jurisdiction over Whole Blossoms' domicile, and that any disputes will be heard by the said courts.

XIII. MISCELLANEOUS INFORMATION
(i) In the event that any provision of these Conditions and Terms of use is deemed to conflict with legislation by a court with jurisdiction over the parties, the said provision will be interpreted to reflect the original intentions of the parties in accordance with applicable law, and the remainder of these Conditions and Terms of use will remain valid and applicable; (ii) The failure of either party to assert any right under these Conditions and Terms of use will not be considered to be a waiver of that party's right, and the said right will remain in full force and effect; (iii) You agree that any claim or cause in respect of this web site or its services must be filed within one (1) year after such claim or cause arose, or the said claim or cause will be forever barred, without regard to any contrary legislation; (iv) Whole Blossoms may assign Whole Blossoms' rights and obligations under these Conditions and Terms of use; in this event, Whole Blossoms will be relieved of any further obligation.

XIV. ACKNOWLEDGMENT
The Terms of Use, including all documents referenced herein, represents the entire understanding between User and WholeBlossoms.com regarding User's relationship with WholeBlossoms.com and supersedes any prior statements or representations. Headings used in the Terms of Use are for reference only and shall not affect the meaning of any terms. "Including" means "including, without limitation."

XV. TYPOGRAPHICAL ERRORS
In the event a product (including, but not limited to, flowers and floral arrangements) is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, Whole Blossoms shall have the right to refuse or cancel any orders placed for products listed at the incorrect price. Whole Blossoms shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, a credit shall be issued to your credit card account in the amount of the charge.

XVI. MODIFICATION
Whole Blossoms reserves the right to make changes to the WholeBlossoms.com Site, posted policies, and Conditions and Terms of Use at any time without notice or liability. These terms were last revised on June 1, 2010.

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