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Terms

SLOW FLOWERS WEBSITE TERMS OF USE


The Terms of use for the Slow Flowers Website (the "Terms of Use") explains the contractual agreement between you ("you", "your") and Slow Flowers ("Slow Flowers", "we", "us", "our"), regarding your use of and access to the website located http://www.Slow Flowers.com/ and any other websites owned or operated by Slow Flowers or any portions thereof (collectively, the “Website”) and any resources, features, functionality, or services made available through the Website (hereafter referred to as the "Service"). Slow Flowers reserves the right at any time and in its sole discretion to modify or discontinue, temporarily or permanently, the Website or the Service (or any part thereof) with or without notice. You agree that Slow Flowers shall not be liable to you or to any third party for any claim or loss related to you and arising out of such modification, suspension, or discontinuance of the Service.

Acceptance


Your access to and use of the Website signifies that you have read, understand and agree to be bound by these Terms of Use, whether you are or are not a Member of Slow Flowers, and is subject to your compliance with these Terms of Use. Slow Flowers reserves the right to change, add, or delete any portions of the Terms of Use from time to time, without liability or prior notice to you, and your continued use of the Website constitutes your acceptance of and agreement with any and all such changes. It is your responsibility to regularly check the Website to determine if there have been changes to the Terms of Use and to review such changes. If you do not agree to abide by these or any future Terms of Use, please do not access or use (or continue to access or use) the Website. In addition, Slow Flowers may post additional terms, conditions, rules or requirements related to the Website and/or its services and features. All such terms, conditions, rules, or requirements are or will be incorporated by reference into these Terms of Use and you agree to be bound by and subject to them. At its sole discretion, Slow Flowers also may offer other services or features governed by different Terms of Use.

Users


Whether directly or indirectly, including via third-party applications, users will either access the Website or the Service as a visitor with potentially limited ability to access services or features provided by Slow Flowers for users that have elected to create an account and become a Registered User or a Slow Flowers Member (“Member”), or as a Registered User or Member with the ability to use such Registered User or Member services accordingly. Slow Flowers provides users access to the Service, including various content and media sharing and communication tools. 

You understand and agree that the Service may include commercial listings and advertisements and that these listing advertisements enable Slow Flowers to provide the Service. You also understand

and agree that the Service may include certain communications from Slow Flowers. By using the Website and Service, you will be automatically deemed to have opted in to receive e–mail communication from us. When you sign in for the first time as a Registered User or to become a Member, you will be asked for certain information required to become a Member or to have access to features that are not available to users who elect not to become Registered Users (e.g., the ability to publish comments). All such required information will be set to automatically be published on and publicly available thereafter via the Website, except however any passwords you select and associate with your membership or registered user account. Such passwords shall be maintained by you as confidential and should not be shared by you with anyone not authorized to have access to your personal information. You acknowledge and agree that you are responsible for obtaining access to the Website and any Service and that such access may involve third-party fees (such as Internet service provider, wireless mobile provider or other airtime charges), hardware, and software. You must provide and are responsible for all fees and costs and all hardware, software, and other equipment or means necessary for and/or associated with accessing the Website and Service. 

Unless explicitly stated otherwise, any new feature or functionality that augments or enhances the current Service, including the release of or access to new properties, shall be subject to the Terms of Use.

Membership and Registered User Accounts


In consideration of your use of the Website and the Service, you represent and agree that you are not a person barred from receiving such services or accessing and using such a website under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself and/or business as prompted by the Service’s registration form; and (b) maintain and promptly update any and all such information that is untrue, inaccurate, not current or incomplete or that Slow Flowers has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete. As with other violations of these Terms of Use, Slow Flowers has the right to suspend or terminate your membership and to refuse any current or future use of the Website, Service, or any portion(s) thereof. Users are prohibited from selling, purchasing, trading or in any way transferring their Slow Flowers membership account (including, but not limited to, selling, purchasing, trading or transferring e–mails or listings of any kind associated with such account). You agree to accept responsibility for all activities that occur under your account or password and all content, product or services you have published through the Services or on the Website. Members and Registered Users may only have one account. The registration of multiple accounts by or for the same person or business, or any action taken to try to circumvent the membership eligibility, proper working of the Services or Website, or otherwise harmful or unauthorized conduct of any kind is prohibited and shall be considered a violation of these Terms of Use. Upon any breach or violation of these Terms of Use, Slow Flowers, without any obligation to refund all or any portion of any fees, costs or other expenses the user previously may have tendered to us, may terminate all such accounts and Services, including without limitation listings and advertisements associated therewith, prohibit further or future use of the Website by such person or persons, or take other actions deemed necessary by Slow Flowers in its sole discretion.



Age Verification

We do not knowingly collect any information from anyone under 13 years of age. By becoming a Member or Registered User, you certify that you are 13 years of age or older. Children under the age of 13 should not use the Website and may not become a Member or Registered User, and parents or legal guardians may not agree to these Terms of Use on their behalf. If you are a resident of a state, province or country that imposes additional or different age requirements for disclosure of personally–identifiable information, by becoming a Member or Registered User, you hereby represent that your registration as a Member or Registered User, the provision of your personally-identifiable information to us, and our use of such personally–identifiable information as stated in our Privacy Policy, does not violate the applicable laws or regulations of such state, province or country.

Communications on the Website or from Us


The Website may provide Members and Registered Users with the ability to send and publicly post comments or other content to others on the Website. In connection with any such communication, you agree to not engage in any of the Prohibited Activities set forth below. You also agree not to misuse the communication tools available to you by means of your access to the Website, including but not limited, spamming, spoofing, sending unsolicited commercial or other messages, and otherwise sending content that violates the Terms of Use. You acknowledge and agree that Slow Flowers bears no responsibility or liability of any kind for any such user-generated content and has the right, but not the obligation, to monitor, decline, edit or remove all or a portion of any postings, submissions or content in Slow Flowers's sole discretion.

By using the Website or the Service or communicating with Slow Flowers or others by means of your access to the Website or Service, you also consent to receive communications from Slow Flowers, including but not limited to, emails, text or SMS messages, and other online, mobile, or conventional methods as exist now or may exist in the future.

Privacy

By using the Website or Services or becoming a Member or Registered User, you agree to be subject to the terms and conditions set forth in our Privacy Policy. In addition to consenting to our collection and use of information about you in accordance with that policy as it exists now or in the future, you also agree that, regardless of where you are physically located, the nature of electronic communications and Slow Flowers’ network architecture and business practices involves the transfer of this information and other data transmission via the Website or Service to the United States, on an interstate basis, and/or to other countries for storage, processing and use by Slow Flowers.

Ownership

This Website and the content and all intellectual property rights included in or associated with the Website, including, but not limited to patents, copyrights, trademarks, service marks, and logos (collectively “Content”), are either owned by Slow Flowers or owned by others and licensed to us. For example, as noted below, you, by making a Submission, become such a licensor. Likewise, any software that is made available to access, use, view and/or download in connection with a Service ("Software"), including applications, audio streaming, or video streaming, is owned or controlled by Slow Flowers and/or its licensors, affiliates and suppliers, is protected by copyright laws and international treaty provisions, and may be subject to other limitations regarding your use, including without limitation, whether and under what circumstances, if any, you may use the Software or accompanying service in your location and is governed by these Terms of Use and any end user license agreement or Terms of Use or Service, including any privacy policy, that accompanies or is included with the Software or to which you and/or your use of the Software become subject. Slow Flowers accepts no responsibility or liability in connection with any Software owned or controlled by third parties, your use of any such Software, or any agreements, terms or policies created or imposed by such third parties related to that Software. All right, title and interest in and to the Website, Content and Software remains with our licensors, as applicable, or us.

Except as ordinarily occurs when a website is downloaded to your computer in the normal course of viewing such website, you may not make use of any such Content on or outside of the Website that you do not have a pre-existing legal right, title or interest in, including, without limitation, utilizing, copying, distributing, re–publishing, uploading, removing, posting, creating or attempting to create any derivative works, modifying, reverse–engineering, or transmitting any such Content, unless expressly authorized in these Terms of Use. Additionally, you may not remove or alter any copyright, trademark, or other intellectual property or proprietary rights notice or legend contained on the Website or in the Content. You agree not to access the Service by any means other than through the interface Slow Flowers provides via the Website for use in accessing the Service. Your use of the Website or Service does not grant you any right, license, interest in, or permission of any kind to reproduce or use Slow Flowers’s intellectual property.

User Feedback and Submissions

Slow Flowers welcomes your feedback, but if you send us or post or embed on the Website or via any Service any feedback, messages, comments or tags; your creative or original concepts or ideas; any listing or content contained therein; any other content, data, text, photographs, graphics or other materials; or any confidential, proprietary or other information (“Submissions”), you represent and warrant to Slow Flowers that you either own the Submission or have all the rights and/or permissions necessary to grant Slow Flowers the license described below. Slow Flowers does not claim to own such Submission, only the rights you have licensed to us. You agree that in making a Submission, Slow Flowers shall not be required to compensate you or any other person in any way for any such license, Submission, publication or other use of the Submission, that any such Submission shall not be considered confidential or non-public once submitted to Slow Flowers, and that Slow Flowers alone is free to decide whether or not to post or use the Submission. In the event a Submission is posted or used via the Service, you acknowledge and agree that the Submission and its contents become publicly available and, as set forth below, can be used by others as permitted via use of the Service. Further, by providing a Submission to Slow Flowers via the Website or otherwise, you: (a) agree not to make any Submission that violates in any way the Terms of Use; (b) automatically grant Slow Flowers a perpetual, worldwide, unlimited, irrevocable, transferable, assignable, sublicenseable, royalty–free license to use the Submission, and exercise all copyright, publicity and other rights with respect to any such Submission; (c) subject to existing laws, waive any moral rights you or your licensors have in any such Submission; and (d) agree to pay for all fees, royalties, or other costs and expenses claimed by any third party arising out of you making any Submission.

Termination


Slow Flowers shall have the right to terminate your use of the Website and/or your Membership or Registered User privileges any time for any reason, including, but not limited to, your breach of these Terms of Use or your violation of any law, including, without limitation, violations of our intellectual property rights or the intellectual property rights of a third party, or violation of other applicable laws and regulations. Following any such termination, Slow Flowers shall have no further obligations, responsibilities, or liabilities to you or any third party. Notwithstanding anything to the contrary contained herein, in the event that Slow Flowers terminates your use rights, Slow Flowers shall in no way be precluded from pursuing any and all of its additional rights and remedies, either at law or in equity, for any claims, damages, awards, costs and liabilities occasioned by such breach or violation.

Prohibited Activities


Without intending to be exhaustive or limit in any way our right to determine whether any act, omission or conduct of any kind violates any aspect of these Terms of Use, you agree that you will not engage in or use the Website or the Service in any way to commit, encourage or promote any of the following prohibited activities and that Slow Flowers shall have the right to take action, up to and including terminating your use of the Website, the Service, and/or your Membership or status as a Registered User, at any time based on such activity:


* You or anyone acting on your behalf or for your benefit may not create or use multiple, fake or temporary accounts or listings, including, without limitation, creating or using websites or programs specifically designed to solicit or “phish” for private information from others, hacking into our system or creating or using programs to specifically circumvent proper and authorized use of our Website and its functionality as determined in the sole discretion of Slow Flowers.



* You may not sell to or purchase from another Member or prospective member, whether directly or indirectly, Member or Registered User accounts and/or associated account information. 



* You may not abuse, manipulate, or engage in any activity related to Slow Flowers’ policies, practices or offerings to wrongfully earn or acquire goods or services of any kind through Slow Flowers or another party.
 


* You may not post, share or communicate in any manner via the Website or the Service any information or content that is defamatory, libelous, threatening harm or injury of any kind, harassing, discriminatory, unlawful, obscene, indecent and/or contains pornography or “adult” content or graphic or gratuitous violence.
 


* You may not impersonate any person or entity, including, but not limited to, a Slow Flowers representative, moderator, or host, or falsely state or otherwise misrepresent your affiliation with a person or entity.



* You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any Submission transmitted through the Service.



* You may not upload, post, email, transmit or otherwise make available any Submission containing content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements) or that infringes any patent, trademark, trade secret, copyright or other intellectual or proprietary rights ("Rights") of any party.



* You may not upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of improper solicitation, except in those areas that are designated for such purpose or any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.

* You may not disrupt the normal flow of online dialogue, cause a screen to "scroll" faster than other Users of the Service are able to type, or otherwise act in a manner that negatively affects other Users' ability to engage in real time exchanges.

* You may not interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service.

* You may not intentionally or unintentionally violate any applicable local, state, national or international law, including without limitation the CAN-SPAM Act.

* You may not provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act.

* You may not "stalk," solicit, or harass another and/or collect or store personal data about other Users in connection with any of the prohibited activities set forth.

* You may not use, promote, or enable others to use or promote any device, software or routine that is intended to or likely to damage or interfere with the proper working of the Website or Service or involves the use of deception, false information, fraud, manipulation, avoidance, or cheating of any kind, including, without limitation, creating or utilizing programs, scripts, bots, or any method to mimic, fake or otherwise improperly simulate actual user activity on the Website, or to surreptitiously intercept or expropriate any system, data, images or other multimedia elements or personal information from the Website.

* You may not take any action which imposes an unreasonable or disproportionately large load on our infrastructure, transmits or is intended to transmit unsolicited mass mailings or transmits or is intended to transmit any illegal, obscene, sexually explicit, “adult” or otherwise inappropriate content via the Website, including but not limited to denial of service attacks, auto–generation techniques, or any other unsolicited overload technique.

* You may not label, describe or assign any names, keywords, tags or other words or features to any Submission or collection thereof that is intended to mislead or confuse, has or is likely to have the effect of misleading or confusing, or is unlawful, including without limitation, in a manner that (a) suggests you are or are affiliated with a person other than you or a company, organization or entity that you do not own or on whose behalf you are not authorized in writing to represent or (b) attempts to trade on the name, business or reputation of another.

* You may not use the Website, or any Service or content related thereto for an unlawful purpose, in violation of any third party rights or in an attempt to gain unauthorized access to a third party’s website, other accounts, computer system or networks connected to that third party’s website.

You agree that the nature of the Service and its use by you and others means that you may be exposed to Submissions or other third-party provided content that constitute prohibited activity or that you consider to be offensive, indecent, objectionable or otherwise inappropriate. If you encounter such material, please let us know at admin@SlowFlowers.com. You acknowledge that Slow Flowers may or may not pre-screen Submissions, but that Slow Flowers and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Submission that is available on the Website or via the Service. Without limiting the foregoing, Slow Flowers and its designees shall have the right to remove any Submission that it or they determine violates the Terms of Use or is otherwise objectionable. You also agree that you or other users, not Slow Flowers, are entirely responsible for all Submissions that you and other users upload, post, email, transmit or otherwise make available via the Website or the Service. In turn, you acknowledge and agree that Slow Flowers makes no guarantees, promises or representations of any kind regarding any Submission and that you must evaluate, and bear all risks associated with, your use of any Submission, including any reliance on its accuracy, completeness, quality or usefulness. Under no circumstances will Slow Flowers be liable in any way for any Submission, including without limitation, any representations, products, services, errors or omissions referenced or set forth in the Submission or any loss or damage of any kind incurred as a result of the exposure to or use of any Submission a user makes available via the Website or the Service.

General Practices Regarding Use and Storage

You acknowledge that Slow Flowers may establish general practices and limits concerning use of Website and the Service, including without limitation, the maximum number of days that Submissions will be retained by the Service, the maximum number of Submissions that may be uploaded from an account on the Service, the maximum size and /or resolution of Submissions that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on Slow Flowers’ storage devices on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. Except for Member listings that have been paid in full in a timely manner and fully comply with all other Terms of Use, you agree that Slow Flowers has no responsibility or liability for the deletion or failure to store any Submissions, regardless of form or type, placed on, maintained, or transmitted by the Service. You acknowledge that Slow Flowers also reserves the right to log off or delete accounts that are inactive for an extended period of time. If your account is closed, deleted or logged off for any reason, whether by you or Slow Flowers voluntarily or involuntarily, you may no longer have access to any information or materials you store within your account, and we may delete or archive any such information or materials at our discretion. You further acknowledge that Slow Flowers reserves the right to modify these general practices and limits from time to time.

Linking and Third Party Content


The Website and Service may contain links to third–party websites not under our control or operation. Slow Flowers or users may provide any such links only as a convenience; Slow Flowers does not endorse and is not responsible for or have control over the contents of any linked site or any link contained in a linked site. Nor do any such links imply any sponsorship by or affiliation of Slow Flowers with the linked site. The Website may contain news, advertisements, content and information published by various third–party providers. Use of any such third–party content may be conditioned upon such third party’s terms and conditions. You are solely responsible for protecting yourself, your device, and your systems from worms, viruses, Trojan horses and any other harmful content.

This Website also may facilitate your ability to order and receive products, information and services from businesses that are not owned or operated by Slow Flowers. Any matters arising out of such Third Party Content, including without limitation, any and all content related in any way to the purchase, payment, warranty, guarantee, delivery, maintenance, use of, representations, and all other matters concerning the merchandise, services or information, opinion or advice ordered or received from or referenced by such businesses, are solely between you and such third parties. Slow Flowers does not endorse, warrant, or guarantee in any way any Third Party Content and is not liable in any way for such content, including without limitation, any matters related in any way to the accuracy, completeness, fitness, suitability, or usefulness of such content or the quality or availability of any products or services referenced in such content. Slow Flowers will not be a party to or in any way responsible for enabling, monitoring, or servicing any part of any transaction between you and third-party providers of any products, services, or information offered, depicted or otherwise made available in or through any Third Party Content, or for ensuring the confidentiality of your credit card information or any other information you may choose to provide a third party. Without being exhaustive, this means that any separate charges or obligations you incur in your dealings with these third parties are your responsibility and are not part of any charges by Slow Flowers.

Laws and Regulations

You agree to comply with all applicable laws, statutes, ordinances and regulations regarding: (i) use of the Website and its Content and (ii) release of information to and retrieval of information from the Website. To the extent that any applicable taxes, duties, or other fees result from your use of the Website, you are responsible for all such payments. We reserve the right to report any wrongdoing, if and when we become aware of it, and disclose any related information contained in the Website, as applicable, to any applicable government agencies, all without liability to us. Without limiting the foregoing rights, you consent and agree that Slow Flowers may access, preserve and disclose your account information and any Submission if required to do so by law or in a good faith belief that such access, preservation, or disclosure is reasonably necessary for legitimate business purposes, including without limitation, to: (i) comply with legal process; (ii) enforce the Terms of Use; (iii) respond to claims that any Submission violates the rights of third parties; (iv) respond to requests for customer service; or (v) protect the rights, property or personal safety of Slow Flowers, its users and members, and/or the public.

Indemnification

You agree to indemnify, save, defend, reimburse and hold Slow Flowers, its officers, directors, employees, and representatives harmless from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind (including attorneys’ fees and costs). resulting from: (i) your use of the Website; (ii) your breach of any provision of these Terms of Use; (iii) the illegality, reliability, appropriateness, originality or copyright of any Submission; and/or (iv) your violation of any rights of another, whether by action or omission.

Compatibility

You acknowledge and agree that Slow Flowers, regardless of the device or form factor chosen, is not responsible for your software or browser compatibility and functionality, hardware, and/or network connections with the Website, or for your resulting access to, availability of, use of, and timing, receipt and accuracy of information transmitted to or received from the Website, the Service and/or its features.

Digital Millennium Copyright Act

Slow Flowers will respond to alleged copyright violations in accordance with the Digital Millennium Copyright Act (“DMCA”). The Privacy Policy does not protect information that Slow Flowers may provide to third parties at its discretion or as required by law through copies of notices referenced below.

1. If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a written notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following:

a. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

b. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

c. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit Slow Flowers to locate the material;

d. Information reasonably sufficient to permit Slow Flowers to contact you, such as an address, telephone number, and, if available, an electronic mail address;

e. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

f. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Slow Flowers's designated Copyright Agent to receive notifications claiming copyright infringement is: Copyright Agent, P.O. Box 28698, Seattle, WA 98118, email: copyright@SlowFlowers.com,

2. Counter-Notice. If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the material in your Content, you may send a counter-notice containing the following information to the Copyright Agent:

a. Your physical or electronic signature;

b. Identification of the content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled;

c. A statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and

d. Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Seattle, Washington, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Copyright Agent, Slow Flowers may send a copy of the counter-notice to the original complaining party informing that person that Slow Flowers may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Slow Flowers's sole discretion. Please keep in mind that only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for support, and other communications should be directed to admin@SlowFlowers.com. You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid.

Disclaimer of Warranties

SLOW FLOWERS PROVIDES THE WEBSITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU

THROUGH THE WEBSITE ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK, UNLESS OTHERWISE SPECIFIED IN WRITING. SLOW FLOWERS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, OR MERCHANTABILITY, REGARDING YOUR USE OF THIS WEBSITE OR ANY INFORMATION, CONTENT, SERVICES OR PRODUCTS PROVIDED OR MADE AVAILABLE HEREIN OR THE AVAILABILITY OF THE WEBSITE ITSELF OR THE ACCURACY OF RESULTS OBTAINED THROUGH YOUR USE OF THE WEBSITE. WITHOUT INTENDING TO BE EXHAUSTIVE, AS PART OF THIS DISCLAIMER, SLOW FLOWERS DOES NOT WARRANT THAT THE SLOW FLOWERS WEBSITE OR ANY PORTIONS THEREOF WILL OPERATE UNINTERRUPTED OR ERROR-FREE, AND GIVES NOTICE THAT IT IS POSSIBLE THAT THE SLOW FLOWERS WEBSITE OR ONE OR MORE PORTIONS THEREOF OR FEATURES OR SERVICES AVAILABLE THROUGH THE WEBSITE MAY BE OR BECOME INACCESSIBLE, UNAVAILABLE, OR INOPERABLE FROM TIME TO TIME.

Limitation of Liability

SLOW FLOWERS SHALL NOT BE LIABLE TO YOU, AND YOU SHALL BE SOLELY RESPONSIBLE, FOR THE SELECTION, USE, AND SUITABILITY OF THE WEBSITE AND THE INFORMATION, CONTENT, MERCHANDISE AND EXPERIENCES PROVIDED VIA THE WEBSITE. SLOW FLOWERS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL OR ANY OTHER DAMAGES IN CONNECTION WITH YOUR USE OF THE WEBSITE, OR PURCHASE OR USE OF PRODUCTS, MERCHANDISE, OR EXPERIENCES VIA THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, LOSS OF OR DAMAGE TO DATA OR LOSS OF OR DAMAGE TO INFORMATION, PERSONAL INJURY OR PROPERTY DAMAGE, HOWEVER CAUSED, WHETHER BASED ON CONTRACT, TORT, WARRANTY, OR OTHER LEGAL THEORY, EVEN IF SLOW FLOWERS HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES AND/OR SUCH DAMAGES COULD HAVE BEEN REASONABLY FORESEEN BY SLOW FLOWERS. REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE OR OTHERWISE, SLOW FLOWERS’ TOTAL LIABILITY, REGARDLESS OF THE FORM OF ACTION, SHALL BE LIMITED TO THE LESSER OF (A) THE AMOUNT YOU PAY US IN THE 30 DAYS PRIOR TO THE ACTION GIVING RISE TO THE ALLEGED LIABILITY OR (B) $50.


Exclusions and Limitations

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS IN THE SECTION ABOVE MAY NOT APPLY TO YOU.


Governing Law

These Terms of Use shall be governed by and construed and enforced in accordance with the laws of the State of Washington, without regard to its conflicts of laws principles. EXCEPT FOR CLAIMS FOR INJUNCTIVE OR EQUITABLE RELIEF REGARDING INTELLECTUAL PROPERTY RIGHTS (WHICH MAY BE BROUGHT IN ANY STATE OR FEDERAL COURT OF COMPETENT JURISDICTION LOCATED IN KING COUNTY, WASHINGTON), YOU AGREE THAT ANY CLAIM, DISPUTE OR CONTROVERSY ARISING OUT OF, RELATING TO OR CONCERNING THE SERVICE, YOUR MEMBERSHIP AND/OR THESE TERMS OF USE WILL BE DECIDED BY BINDING ARBITRATION IN ACCORDANCE WITH THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION. You also agree that any claim must be brought by you in your individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding, with Slow Flowers and you each bearing its and your own costs and legal fees related to the arbitration, regardless of whether you or Slow Flowers prevails. Regardless of any statute or law to the contrary, any claim or cause of action (whether arising in contract or tort, law or equity) by you must be filed within one (1) year after such claim or cause of action arose or be forever barred. Judgment upon any award of the arbitrators may be entered by any court having competent jurisdiction located in the State of Washington, King County, and each of the parties hereto expressly consents and submits to the exclusive jurisdiction and venue of such courts for this limited purpose. Some jurisdictions do not allow excluding or limiting implied warranties or limiting liability for incidental or consequential damages, and some jurisdictions have special statutory consumer protection provisions that may supersede the foregoing disclaimers and limitations. As a result, these disclaimers and/or limitations may not apply to you if prohibited by law. If any part of these Terms of Use as written is held to be invalid or unenforceable, that part, if possible, is to be construed to the fullest extent that would be deemed valid or enforceable, and all remaining portions of the Terms of Use shall remain in full force and effect.

Miscellaneous

Our failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. By offering this Website, the Services, and any information, products or other content through the Website and/or Services, Slow Flowers does not purport to distribute to or solicit you or any person to use the Website, Services or such information, products or other content in jurisdictions where providing such is prohibited by law. You agree to comply with all local rules regarding online conduct and acceptable materials. Specifically, you agree to comply with all applicable laws regarding the transmission of technical or other data exported from the United States or the country in which you reside. All rights and obligations of Slow Flowers under these Terms of Use, including without limitation, the Privacy Policy, are freely assignable by Slow Flowers in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise without your prior consent. These Terms of Use, and any web pages or other documents incorporated by reference, set forth the entire understanding and agreement between us with respect to the subject matter hereof.