Our intellectual property
We are the owner or the licensee of all intellectual property rights in our Services, including
all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services
(collectively, the "Content"), as well as the trademarks,
service marks, and logos contained therein (the "Marks"
).
Our Content and Marks are protected by copyright and trademark laws (and various other
intellectual property rights and unfair competition laws) and treaties in the United States and around the world.
The Content and Marks are provided in or through the Services
"AS IS" for your personal, non-commercial use only.
Your use of our Services
Subject to your compliance with these
Legal Terms, including the "PROHIBITED ACTIVITIES
" section below, we grant you a non-exclusive,
non-transferable, revocable license to:
- access the Services; and
- download or print a copy of any portion
of the Content to which you have properly gained access,
solely for your personal, non-commercial use.
Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and
no Content or Marks may be copied, reproduced,
aggregated, republished, uploaded, posted, publicly displayed, encoded,
translated, transmitted, distributed, sold, licensed, or otherwise exploited
for any commercial purpose whatsoever, without our express prior written
permission.
If you wish to make any use of the Services, Content, or Marks other than as set out in this
section or elsewhere in our Legal Terms, please address your request to: verafloraus@gmail.com. If we ever grant you
the permission to post, reproduce, or publicly display any part of our Services or Content, you must identify us as the owners or licensors of
the Services, Content, or Marks and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying
our Content.
We reserve the right to refuse any order placed through the Services. 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 payment method, and/or orders that use the same billing or shipping address. We reserve the right to
limit or prohibit orders that, in our sole judgment, appear to
be placed by dealers, resellers, or distributors.
7. RETURN POLICY
We use live plants grown in a special way, so our bouquets are non-refundable.
At VeraFlora, your satisfaction is our priority. If your arrangement arrives damaged or does not meet your expectations, we strive to make it right. Please
contact us by email at verafloraus@gmail.com with the following details:
-
Full name
- Order number
- Purchase date
- Shipping address
-
2-3 photos clearly showing the damage
Our quality control team carefully reviews each case. If a replacement is warranted, it will be sent to your confirmed shipping address and our team will
notify
you with tracking information once the new order has been shipped.
We take every issue seriously and are here to make your VeraFlora experience as luxurious and flawless as it should be.
You may not access or use the Services for any purpose other than
that for which we make the Services available. The Services may not be used in connection with any commercial
endeavors except those that are specifically endorsed or approved by us.
As a user of the Services, you agree not to:
- Systematically
retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation,
database, or directory without written permission from us.
- Trick,
defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as
user passwords.
- Circumvent,
disable, or otherwise interfere with security-related features of the Services, including features that prevent
or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the
Content contained therein.
- Disparage,
tarnish, or otherwise harm, in our opinion, us and/or the Services.
- Use
any information obtained from the Services in order to harass, abuse, or harm another
person.
- Make
improper use of our support services or submit false reports of abuse or
misconduct.
- Use
the Services in a manner inconsistent with any applicable laws or
regulations.
- Engage
in unauthorized framing of or
linking to the Services.
- Upload
or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive
use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s
uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the
use, features, functions, operation, or maintenance of the Services.
- Engage
in any automated use of the system, such as using scripts to send comments or messages, or using any data
mining, robots, or similar data gathering and extraction tools.
- Delete
the copyright or other proprietary rights notice from any Content.
-
Attempt
to impersonate another user or person or use the username of another user.
- Upload
or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information
collection or transmission mechanism, including without limitation, clear graphics interchange formats ("gifs"), 1×1 pixels, web bugs,
cookies, or other similar devices (sometimes referred to as "spyware" or
"passive collection mechanisms" or "pcms"
).
- Interfere
with, disrupt, or create an undue burden on the Services or the networks or services connected to the
Services.
- Harass,
annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services
to you.
- Attempt
to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of
the Services.
- Copy
or adapt the Services' software, including but not limited to Flash, PHP, HTML, JavaScript, or other
code.
- Except
as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software
comprising or in any way making up a part of the Services.
- Except
as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute
any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader
that accesses the Services, or use or launch any unauthorized script or other software.
- Use
a buying agent or purchasing agent to make purchases on the Services.
- Make
any unauthorized use of the
Services, including collecting usernames and/or email addresses of users by electronic or other means for the
purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses
.
- Use
the Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any
revenue-generating endeavor or
commercial enterprise.
-
Sell or otherwise transfer your profile.
9. USER GENERATED CONTRIBUTIONS
The Services does not offer users
to submit or post content.
You and Services agree that we may access, store, process, and
use any information and personal data that you provide following the terms of the Privacy Policy and your choices (including settings).
By submitting suggestions or other feedback regarding the
Services,
you agree that we can use and share such feedback for any purpose without compensation to you.
11. SERVICES MANAGEMENT
We reserve the right, but not the obligation, to: (1) monitor the
Services for violations of these Legal Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or
these Legal Terms, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without
limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or
any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Services or otherwise disable all
files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Services in a manner designed
to protect our rights and property and to facilitate the proper functioning of the Services.
12. PRIVACY POLICY
We care about data privacy and security. Please review our Privacy
Policy:
https://veraflorashop.com/pages/data-sale-opt-out
. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms. Please
be advised the Services are hosted in the United States
. If you access the Services from any other region of the world with laws or other requirements governing
personal data collection, use, or disclosure that differ from applicable laws in
the United States
, then through your continued use of the Services, you are transferring your data to
the United States
, and you expressly consent to have your data transferred to and processed in
the United States
.
13. TERM AND TERMINATION
These Legal Terms shall remain in full force and effect while you use
the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR
LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON,
INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR
REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE
YOUR ACCOUNT AND
ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are
prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may
be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal
action, including without limitation pursuing civil, criminal, and injunctive redress.
14. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the
Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our
Services. We also reserve the right to modify or discontinue all or part of the Services without notice at
any time. We will not be liable to you or any third party for any modification, price change,
suspension, or discontinuance of the Services.
We cannot guarantee the Services will be available at all times. We may
experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or
errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason
without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access
or use the Services during any downtime or discontinuance of the Services. Nothing in these Legal Terms will be construed to obligate us to
maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.
15. DISPUTE RESOLUTION
Restrictions
The Parties agree that any arbitration shall be limited
to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding;
(b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a
purported representative capacity on behalf of the general public or any other persons.
Exceptions to Arbitration
The Parties agree that the following Disputes are not subject to the above provisions concerning binding
arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b)
any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or
unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or
unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the
Parties agree to submit to the personal jurisdiction of that court.
16. CORRECTIONS
There may be information on the Services that contains
typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right
to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.
17. DISCLAIMER
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE
SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH
THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR THE CONTENT OF ANY
WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR
INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE
OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR
SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF
TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY
ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF
THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME
RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE
OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY
TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM
OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND
EXERCISE CAUTION WHERE APPROPRIATE.
18. LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS
BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING
LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
19. INDEMNIFICATION
You agree to
defend, indemnify, and hold us harmless, including our subsidiaries,
affiliates, and all of our respective officers, agents, partners, and
employees, from and against any loss, damage, liability, claim, or demand, including
reasonable attorneys’ fees and expenses, made by any third party due to or
arising out of:
(1) use of the Services; (2) breach of these
Legal Terms; (3) any breach of your representations and warranties set forth in these Legal
Terms; (4) your violation of the rights of a third party, including but not limited to
intellectual property rights; or (5) any overt harmful act toward any other user of the Services
with whom you connected via the Services. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required
to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or
proceeding which is subject to this indemnification upon becoming aware of it.
20. USER DATA
We will maintain
certain data that you transmit to the Services for the purpose of managing the
performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups
of data, you are solely responsible for all data that you transmit or that
relates to any activity you have undertaken using the Services. You agree
that we shall have no liability to you for any loss or corruption of any such
data, and you hereby waive any right of action against us arising from any such
loss or corruption of such data.
21. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Services, sending us emails, and completing online forms constitute electronic
communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other
communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in
writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES,
POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or requirements under any
statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of
non-electronic records, or to payments or the granting of credits by any means other than electronic means.
22. MISCELLANEOUS
These Legal Terms and any policies or operating rules posted by us on the Services or in respect
to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision
of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by
law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage,
delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Legal Terms is
determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does
not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency
relationship created between you and us as a result of these Legal Terms or use of the Services. You agree that these Legal Terms will not be
construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Legal Terms and the lack of signing by the
parties hereto to execute these Legal Terms.