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AGREEMENT TO TERMS AND CONDITIONS OF USE
THIS AGREEMENT TO TERMS AND CONDITIONS OF
USE SET FORTH BELOW ARE THE APPLICABLE TERMS AND CONDITIONS
ON WHICH FloristDirect.COM ("FloristDirect") PROVIDES YOU,
AS A USER, ACCESS TO THIS WEB SITE AND ITS SERVICES ("TERMS").
PLEASE REVIEW THE TERMS CAREFULLY. BY CLICKING ON THE "I
ACCEPT" BUTTON, BELOW BEFORE USING FloristDirect WEB SITE,
AND BY YOUR USING THE FloristDirect WEB SITE, YOU ACKNOWLEDGE
THAT YOU HAVE READ AND AGREE TO ABIDE BY THE TERMS. IF YOU
DO NOT AGREE TO ALL OF THE ABOVE, YOU MAY NOT ACCESS AND
YOU ARE NOT AUTHORIZED TO USE THE FloristDirect WEB SITE.
Business on FloristDirect Web Site
(1) FloristDirect functions as a facilitator between its
My Virtual Florist My Virtual Florist Members, as defined
below, and providers of services and goods to its My Virtual
Florist My Virtual Florist Members. The providers of goods
and services include Growers/Distributors to Wholesalers,
Wholesalers to Retailers, Retailers to Consumers and growers
and suppliers of flowers and related products (collectively
the "Suppliers"). FloristDirect, as an entity, is not involved
in the actual transactions between the Suppliers and My
Virtual Florist Members. FloristDirect exercises no control
over the quality or other factors relating to the providing
of services and/or sale of goods of Suppliers to the My
Virtual Florist Members. FloristDirect is not responsible
for or liable for the truth or accuracy of any listings
posted by Suppliers, or the ability of the Suppliers to
provide such services or sell such goods. FloristDirect
cannot and does not control whether the Suppliers will complete
the providing of the services or the sale of goods so offered,
or whether the My Virtual Florist Members will complete
the purchase of or pay for the services and/or goods contracted
for or ordered by the Member.
(2) FloristDirect does not verify and does not guarantee
the accuracy of any information that FloristDirect receives
from a Supplier or My Virtual Florist Member. All information,
prices and availability of services or goods are subject
to change without notice. FloristDirect is not responsible
for breach of contract or any intentional or negligent action
on the part of a Supplier or My Virtual Florist Member,
including specifically any action that results in any loss,
damage, delay or injury to a My Virtual Florist Member.
(3) In consideration of FloristDirect providing a My Virtual
Florist Member access to the FloristDirect web site, in
the event of any dispute between FloristDirect and a My
Virtual Florist Member, My Virtual Florist Member releases
FloristDirect (and its officers, agents and employees) from
any and all claims, demands and damages (actual, incidental
and consequential) of every kind and nature, known and unknown,
suspected and unsuspected, disclosed and undisclosed, arising
out of or in any way connected with such dispute.
My Virtual Florist Membership
(4) FloristDirect offers a standard My Virtual Florist Membership
(sometimes herein referred to as the "Member" or the "My
Virtual Florist Member").
(5) A Standard My Virtual Florist Member includes the following
features and benefits:
(A) Access to and review of the AGREEMENT TO TERMS AND CONDITIONS
OF USE set forth above on the FloristDirect web site and
Right to Accept the Agreement;
(B) Right for an Individual or entity to "Join Now" as provided
for at the end of the AGREEMENT TO TERMS AND CONDITIONS
OF USE by duly completing the Standard My Virtual Florist
Membership Registration Form;
(C) Agree to pay to FloristDirect a monthly My Virtual Florist
Membership Fee as a Standard Member in the amount set forth
in Paragraph 7 hereof payable monthly by an authorization
to charge a credit card acceptable to FloristDirect;
(D) Right to cancel the My Virtual Florist Membership at
any time for any reason by providing written notice of Cancellation
to FloristDirect and/or web site billing service in accordance
with Paragraph 21 hereof;
(E) Password access, using a password designated by Member,
to the Standard My Virtual Florist Member's area of the
FloristDirect web site;
(F) Create a My Virtual Florist Member Order, using the
Member's Order Form on the FloristDirect web site, for flowers
or goods to be shipped to party designated by Member payable
by the Member by an authorization to charge a credit card
acceptable to FloristDirect;
(G) Right to order at prices posted on the FloristDirect
web site for a My Virtual Florist Member Order;
(H) Right to order flowers either by: (i) a Specific Design
Bouquet and (ii) a My Virtual Florist Member directed order
for specific flowers, all as posted on the FloristDirect
web site;
(I) Right to select type of delivery of flowers as: (i)
a local delivery; (ii) a remote delivery; and (iii) a delivery
handled by a Supplier;
(J) Right to access classified ads from Suppliers posted
on the FloristDirect web site; and
(K) Right to access a News Letter posted on the FloristDirect
web site.
(L) Right to have FloristDirect prepare for a My Virtual
Florist Member an individual web site using one of the standard
web site formats available on the Virtual Florist Member's
area of the FloristDirect web site;
(M) (A) Right to license from FloristDirect, or other designed
licensee determined solely by FloristDirect, a registered
domain name from a FloristDirect pre-approved lisiting of
domain names (it being understood that FloristDirect has
no control over the availability of domain names), and,
if requested by the My Virtual Florist Member, such licensed
registered domain name can be used as an extension of FloristDirect
in the format of FloristDirect/(domain name), with FloristDirect
having the right, in the event of any dispute over such
domain name and in its sole and absolute discretion, to
terminate such use, provided however, that the My Virtual
Florist Member will be solely liable and responsible for
all issues of liability, infringement and the like arising
from the Unlicensed Use, as defined below, of the licensed
registered domain name including as an extension of FloristDirect/(domain
name) as a result of: (i) any unauthorized use; (ii) uses
in violation of the license agreement terms and conditions;
or (iii) other uses including illegal uses not specifically
authorized in the Terms (collectively the "Unlicensed Use")
and the applicable charges are to be authorized to be charged
to a credit card acceptable to FloristDirect; and
(B) Right to have FloristDirect register, in your name,
if the same is deemed available by an appropriate domain
name registration agency to be checked by FloristDirect
(it being understood that FloristDirect has no control
over the availability of domain names), a domain name selected
solely by the Virtual Florist Member and, if requested by
the Virtual Florist Member, such registered domain name
can be used as an extension of FloristDirect in the format
of FloristDirect/(domain name), with FloristDirect having
the right, in the event of any dispute over such domain
name and in its sole and absolute discretion, to terminate
such use, provided however, that the Virtual Florist Member
will be solely liable and responsible for all issues of
liability, infringement and the like arising from such use
of the domain name including as an extension of FloristDirect/(domain
name) and the applicable charges are to be authorized to
be charged to a credit card acceptable to FloristDirect.
(D) Right to receive a commission payment from FloristDirect
in an amount equal to twenty percent (20%) of Net Sales
(Defined to be Gross Sales less discounts, returns, taxes
and delivery charges) of all orders received from the My
Virtual Florist Member's individual web site and filled
by Florist Business, and Commission Statements and checks
are to be mailed to the My Virtual Florist Member's address
as designated on the My Virtual Florist Member's Registration
Form on or before the 20th day of the month following the
applicable month.
Monthly My Virtual Florist Membership
Fee
(7) The present monthly My Virtual Florist Membership fee
is $49.95 for a Standard Member My Virtual Florist Membership.
There is an additional monthly Associate My Virtual Florist
Membership Fee. FloristDirect reserves the right with reasonable
notice being provided in accordance with Paragraph 21, to
change the applicable monthly My Virtual Florist Membership
fees.
Member Terms and Conditions
(8) The services provided for on the FloristDirect web site
are available only to individuals and entities as My Virtual
Florist Members who can form legally binding contracts under
applicable law. FloristDirect retains the right to refuse
its services to anyone at any time in FloristDirect's sole
and absolute discretion. Prospective My Virtual Florist
Members are required to accurately and truthfully describe
the nature of their primary business in registering to use
FloristDirect web site on the Registration Form.
(9) A Member agrees to: (i) pay the applicable My Virtual
Florist Membership fee for the My Virtual Florist Membership
Member to use the FloristDirect web site, as set forth in
Paragraph 7 above and subject to the Exclusive Service mark
License Agreement Terms as set forth in Paragraph 12 below;
(ii) complete all transactions as agreed upon and for which
My Virtual Florist Member has placed an order; and (iii)
pay all fees, charges, and assessments arising from any
payment processing that is declined and which are to be
paid as an authorized charge to a credit card acceptable
to FloristDirect.
(10) A My Virtual Florist Member agrees that any information
provided or utilized by the My Virtual Florist Member in
the sale of any service or goods through the FloristDirect
web site: (i) shall not be fraudulent; (ii) shall not infringe
any third party's copyright, patent, trademark, trade secret
or other proprietary rights or rights of publicity or privacy;
(iii) shall not violate any law, statute, ordinance or regulation;
(iv) shall not be defamatory, trade libelous, unlawfully
threatening or unlawfully harassing; (v) shall not be obscene;
and (vi) shall not contain any viruses or other disabling
devices or programs that are intended to damage, interfere
with, intercept, download or expropriate any system, data
or personal information including interfering with the operation
of the FloristDirect web site or its business. A My Virtual
Florist Member may not disclose or share that My Virtual
Florist Member's password with an unregistered third party
or use the Member's password for any unauthorized purpose.
(11) All information, including, without limitation, text,
graphics, web pages, URLs, domain names, software and all
HTML, CGI and other codes and scripts in any format used
to implement the FloristDirect web site are the property
of FloristDirect and/or Licensors (the "Business Information").
The Business Information on the FloristDirect web site is
for authorized use only. A Member may not copy, modify,
upload, download, transmit (re)publish, or otherwise distribute
any Business Information from the FloristDirect web site
except as expressly permitted by these terms and conditions.
Each My Virtual Florist Members acknowledges that any misuse,
including breach of the above designated restrictions, will
be deemed to be and are a violation of FloristDirect' copyright,
trademark and other proprietary rights and that United States
Copyright Law, Trademark Law and applicable international
treaties and conventions governing intellectual property
law protect all such Business Information.
Trademark Rights/Exclusive Serice
Mark License Rights
(12) Any and all domain names trademarks, service marks,
trade name, slogans and the like (collectively the "Trademark
Rights") that FloristDirect uses in connection with FloristDirect
web site shall remain the exclusive property of FloristDirect.
Except as set forth below, nothing contained in the terms
and conditions hereof shall be deemed to give or to grant
to a Member any rights, license or otherwise, in or to any
Trademark Rights. FloristDirect grants to a Member, provided
that the My Virtual Florist Membership Fee has been paid,
a revocable, exclusive, nontransferable, worldwide and royalty-free
license and right to use the domain name assigned to the
My Virtual Florist Member by FloristDirect (Such assignment
to be in the sole and absolute discretion of FloristDirect),
any web pages developed, maintained and hosted by FloristDirect
or on a My Virtual Florist Member's behalf by FloristDirect.
My Virtual Florist Member retains ownership of any Business
Information provided by Member, and first approved in writing
by FloristDirect, for display or use on the FloristDirect
web site, including, without limitation, text, logos, marks
or images ("Member Business Information"), and My Virtual
Florist Member hereby grants to FloristDirect a revocable,
nonexclusive, nontransferable, worldwide and royalty-free
license to display and use the Member Business Information
in the operation, display or promotion of the FloristDirect
web site. The grant of a Exclusive Service Mark License
Right to use a domain name from the listing of pre-approved
domin names as set forth in Paragraph 5(M) above, is subject
to the following license terms and conditions: EXCLUSIVE
SERVICE MARK LICENSE AGREEMENT This EXCLUSIVE SERVICE MARK
LICENSE AGREEMENT is made and entered into the date that
a My Virtual Florist Member ("Member") is registered with
FloristDirect.Com ("FloristDirect").
WITNESSETH: WHEREAS, Member, upon registering
for a standard My Virtual Florist Membership with FloristDirect,
is to be granted a revocable, exclusive, nontransferable,
world wide and royalty-free license and right to use a specifically
identified domain name owned or controlled by FloristDirect
for use by Member, in accordance with the Agreement to Terms
and Conditions of Use agreed to by Member, for the period
that the Member is deemed by FloristDirect, in its sole
and absolute discretion, to be a valid My Virtual Florist
Member and the applicable license is to be in accordance
with the terms and conditions of this Exclusive Service
Mark License Agreement (the "Exclusive License Agreement").
NOW THEREFORE for and in consideration of the mutual covenants
and promises herein set forth, the parties hereto hereby
agree as follows:
1. Grant of License Right: FloristDirect hereby grants to
the Member for the term specified in Paragraph 2 a revocable,
exclusive, nontransferable, world wide and royalty-free
license and right to use a specifically identified domain
name owned or controlled by FloristDirect for use by Member,
in accordance with the Agreement to Terms and Conditions
of Use agreed to by Member and this Exclusive License Agreement,
which domain name is to be selected by Member from a pre-approved
list to be submitted to Member by FloristDirect.
2. Term and Termination: The term of this Exclusive License
Agreement will commence and become effective on the date
that FloristDirect assigns to the Member a domain name for
exclusive use by the Member in accordance with the standard
My Visual Florist Membership. The term of this Exclusive
License Agreement shall be for only the time period that
Member is deemed by FloristDirect, in its sole and absolute
discretion, to be a valid My Virtual Florist Member. This
Exclusive License Agreement may be terminated by either
party upon thirty (30) days prior written notice provided
in accordance with the terms and conditions of the Agreement
to Terms and Conditions of Use agreed to by the Member.
This Exclusive License Agreement may also be terminated
by either party in the event of a breach or default by the
other party as provided in Paragraph 5 below; except that
FloristDirect has the right to immediately terminate this
Exclusive License Agreement in the event that FloristDirect
receives any notice that a domain name or Member's Business
Information violates any alleged rights of a third party,
and Member hereby authorizes, empowers and consents to FloristDirect
immediately removing and/or discontinuing use of such domain
name and/or Business Information to be determined solely
in the discretion of FloristDirect.
3. Fees and Payment: For all rights and privileges and services
rendered or provided for hereunder by FloristDirect, Member
shall pay to FloristDirect the applicable membership fee
for a standard My Virtual florist membership in accordance
with the Agreement to Terms and Conditions of Use agreed
to by member.
4. Right of Review: The following elements of each offering
of services under the domain name (the "Services") shall
be subject to FloristDirect's prior review and written approval,
which approval shall not be unreasonably withheld, and shall
be rendered within ten (10) working days of receipt of the
element of the Services:
(A) Content and format of Web Page offering the Services
and goods;
(B) All advertising and promotional materials created, developed
or used in connection with the Services and goods; and
(C) Any use of the domain name or of FloristDirect name;
and
(D) Any use not expressly contemplated by this Exclusive
License Agreement.
5. Default Provisions: (A) In the event that either party
("Defaulting Party"):
(i) Materially or repeatedly defaults in the performance
of any of its duties or obligations set forth in the Agreement
to Terms and Conditions of Use agreed to by Member or of
this Exclusive License Agreement and such default is not
substantially cured within ten (10) days after written notice
is given by the other party specifying the default; or
(ii) Defaults in the payment of any amount due to the other
party under Agreement to Terms and Conditions of Use agreed
to by Member or under this Exclusive License Agreement and
the defaulting party fails to or does not cure the default
within five (5) business days after written notice is given
by the other party specifying the default; and
(B) Notwithstanding anything to the contrary herein contained,
the termination of the Exclusive License Agreement shall
not relieve the parties of their obligations including the
making of all payments due.
6. Independent Contractor: It is understood that Member
is not an employee of FloristDirect and shall not be entitled
to any rights or benefits granted to employees of FloristDirect
and that Member is an independent contractor, and no employee-employer,
partnership, agency, joint venture or franchiser-franchisee
relationship is created, or is intended to be created, with
FloristDirect or any other party by this Exclusive License
Agreement.
7. Covenant of Member: Member covenants and agrees that
it will not knowingly permit, do or commit any act or thing
that would degrade, tarnish or depreciate FloristDirect
or its public image.
8. Indemnity: Member agrees to indemnify and hold harmless
FloristDirect, its employees, assignees, and heirs against
any and all claims, damages, liabilities(including, but
not limited to, liability for personal injury and liability
for breach of confidentiality), costs and expenses, including
without limitation, reasonable legal fees and costs arising
out of the use of any material furnished by FloristDirect
in connection with the services performed or goods sold
hereunder, or resulting from any customer or Member or third
party action of any kind, or resulting in any way from the
sale of goods or offering of services pursuant to this Exclusive
License Agreement, or incurred for or by reason of the breach
of Member of any of the obligations, warranties, agreements,
covenants or representations herein contained. FloristrDirect
shall provide Member with prompt written notice of any claim
hereunder and Member shall have the right to defend same.
9. Notices: Except as explicitly stated otherwise, any notices
to FloristDirect shall be given by email to Blooming@mindspring.com
or such other address as FloristDirect shall specify. Any
Notices to a Member shall be given by email to the email
address designated by a My Virtual Florist Member during
the registration process. Notice shall be deemed given 24
hours after email is sent, unless the sending party is notified
that the email address is invalid or unless FloristDirect
receives notification that the message cannot be delivered
by email. Alternatively, FloristDirect may give a My Virtual
Florist Member notice by overnight courier or certified
mail, postage prepaid and return receipt requested, to the
address provided to FloristDirect during the registration
process. In such case, notice shall be deemed given 3 days
after the date of mailing.
10. Entire Agreement/Miscellaneous Terms and Conditions/Arbitration:
(A) Except for the Agreement to Terms and Conditions of
Use agreed to by Member, this Exclusive License Agreement
constitutes the complete and exclusive statement of the
agreement between Member and FloristDirect with respect
to the subject matter herein set forth and supersedes all
prior agreements by and between the parties.
(B) This Exclusive License Agreement may not be amended,
altered or terminated except in writing.
(C) This Exclusive License Agreement cannot be assigned
by Member without the prior written consent of FloristDirect,
which consent is to be in the sole and absolute discretion
of FloristDirect. This Exclusive License Agreement shall
be binding upon the parties hereto and their respective
heirs, executors, administrators, legal representatives,
successors and permitted assigns.
(D) The language used in this Exclusive License Agreement
shall be deemed to be the language chosen by the parties
thereto to express their mutual intent and no rule of strict
construction against any party shall apply to any term or
condition thereof.
(E) Governing Law: THIS AGREEMENT SHALL BE GOVERNED BY AND
CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIA.
(G) Upon any termination, all rights for member to use the
licensed domain name shall terminate and all rights, title
and interest thereto shall be vested solely in FloristDirect
or its assignee.
(H) Any controversy or claim arising out of or relating
to this Agreement, or the breach thereof, shall be settled
by binding arbitration in accordance with the Commercial
Rules of the American Arbitration Association by a single
arbitrator in a location to be agreed to by the parties,
and judgment upon the award rendered by the arbitrator may
be entered in any court having jurisdiction thereof and
shall not be appealable.
(13) Any business conducted by My Virtual Florist Member
using the FloristDirect web site shall be at the sole risk
and responsibility of the My Virtual Florist Member. FloristDirect
shall not be responsible for payment of any taxes, FICA
payments, medical and other insurance, workmen's compensation
insurance, withholding for state and federal taxes and the
like for a Member in the United States or otherwise. FloristDirect
shall not be responsible for any losses incurred by Member
in using the FloristDirect web site. In the event that ForistBusiness
receives any notice that a domain name or Member's Business
Information violates any alleged rights of a third party,
Member hereby authorizes, empowers and consents to FloristDirect
immediately removing and/or discontinuing use of such domain
name and/or Business Information to be determined solely
in the discretion of FloristDirect.
(14) A My Virtual Florist Member is an independent contractor,
and no employee-employer, partnership, agency, joint venture
or franchiser-franchisee relationship is created, or is
intended to be created, with FloristDirect or any other
party by these Terms.
No Warranty
(15) THE ACCURACY AND RELIABILITY OF THE BUSINESS INFORMATION
ON FloristDirect WEB SITE IS NOT GUARANTEED. THE BUSINESS
INFORMATION FROM OR THROUGH THE FloristDirect WEB SITE IS
PROVIDED "AS IS" AND ALL WARRANTIES, EITHER EXPRESS OR IMPLIED
ARE DISCLAIMED INCLUDING WITHOUT LIMITATION, NON-INFRINGEMENT,
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. FloristDirect
ASSUMES NO LIABILITY FOR ANY ERRORS, PROGRAM INTERRUPTIONS,
VIRUSES, OMISSIONS OR OTHER PROBLEMS WITH THE BUSINESS INFORMATION
ON THE FloristDirect WEB SITE. FloristDirect MAKES NO REPRESENTATIONS
OR WARRANTIES OF ANY KIND WHATSOEVER WITH RESPECT TO THE
BUSINESS INFORMATION ON FloristDirect WEB SITE OR THE MATERIALS,
INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE
USED OR ACCESSED THROUGH THE FloristDirect WEB SITE, FOR
ANY GOODS, PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD
PARTY SITES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH
THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH FloristDirect
WEB SITE OR ANY FURTHER LINKED SITE. FloristDirect DOES
NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS
TO THE FloristDirect WEB SITE, AND OPERATION OF THE FloristDirect
WEB SITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE
OF FloristDirect CONTROL.
Limitation of Liability
(16) IN NO EVENT SHALL FloristDirect BE LIABLE FOR ANY SPECIAL
OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY
RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SERVICES
ON THE FloristDirect WEB SITE, EVEN IF FloristDirect HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES
DO NOT ALLOW THE EXCLUSIONS OR LIMITATION OF INCIDENTAL
OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSION
MAY NOT APPLY TO A MEMBER IN SUCH STATE.
Indemnification
(17) My Virtual Florist Member agrees to and shall indemnify,
defend and hold harmless FloristDirect and its officers,
employees, agents, successors and assigns, from any and
all suits, losses, claims, demands, liabilities, costs and
expenses (including reasonable attorneys' fees) that FloristDirect
may sustain or incur, arising from or out of a respective:
(i) My Virtual Florist Member's failure to comply with any
applicable laws and/or regulations; (ii) My Virtual Florist
Member's breach of any of its obligations set forth in these
Terms; or (iii) My Virtual Florist Member's use of the FloristDirect
web site.
General Terms and Conditions
(18) In the event that FloristDirect, or a contracted web
site processing agency, initiates, processes or clears either:
(i) a transaction involving a bank card (e.g., VISA, Mastercard)
or a credit card (e.g., American Express, Novus/Discover)
[hereinafter, the "Credit Card Transactions"]; (2) an Automated
Clearinghouse transaction [hereinafter, "Clearinghouse Transaction"];
(3) debit card transaction; or (4) an Electronic Transaction,
to facilitate funds transfers between or among My Virtual
Florist Members, suppliers, customers of My Virtual Florist
Members or FloristDirect, the following terms shall apply:
(A) My Virtual Florist Member authorizes FloristDirect to
make an electronic authorization request for every Credit
Card Transaction or Clearinghouse Transaction;
(B) My Virtual Florist Member agrees to pay all fees, charges,
discounts or other interchange fees and assessments associated
with any Credit Card Transaction or Clearinghouse Transaction;
(C) If required by FloristDirect, My Virtual Florist Member
shall cooperate in providing reasonable amount of information
in response to any retrieval request for information received
by FloristDirectnrelating to any such chargebacks from any
Credit Card Transaction, Clearinghouse Transaction, Debit
Card Transaction or Electronic Transaction;
(19) FloristDirect Privacy Policy shall apply to all business
conducted on the FloristDirect web site and a copy thereof
is available to My Virtual Florist Members on the FloristDirect
web site. FloristDirect reserves the right to modify, change,
delete, add to or otherwise amend to FloristDirect Privacy
Policy with reasonable notice being provided as set forth
in Paragraph 21.
(20) The Terms shall be governed by and construed in accordance
with the laws of the State of California, without regard
to conflict of laws provisions. My Virtual Florist Member
and FloristDirect agree that an appropriate state or federal
court located in the State of California shall have exclusive
jurisdiction over all disputes, and the parties agree that
such court shall have venue for all such disputes. .
(21) Except as explicitly stated otherwise, any notices
to FloristDirect shall be given by email to Blooming@mindspring.com
or such other address as FloristDirect shall specify. Any
Notices to a My Virtual Florist Member shall be given by
email to the email address designated by a My Virtual Florist
Member during the registration process. Notice shall be
deemed given 24 hours after email is sent, unless the sending
party is notified that the email address is invalid or unless
ForistBusiness receives notification that the message cannot
be delivered by email. Alternatively, FloristDirect may
give a My Virtual Florist Member notice by overnight courier
or certified mail, postage prepaid and return receipt requested,
to the address provided to FloristDirect during the registration
process. In such case, notice shall be deemed given 3 days
after the date of mailing.
(22) FloristDirect reserves the right to change, modify,
suspend or discontinue any aspect of the FloristDirect web
site at any time, including the availability of any domain
name, features, database, or Business Information on the
FloristDirect web site, and will provide reasonable notice
of such changes on the FloristDirect web site.
(23) FloristDirect may terminate a My Virtual Florist Member's
access or suspend any My Virtual Florist Member's access
to all or part of FloristDirect web site, without notice,
for any conduct that FloristDirect, in its sole and absolute
discretion, believes violates any applicable law or which
is deemed harmful to FloristDirect, or if a My Virtual Florist
Member is found to have engaged in fraudulent activity in
connection with the FloristDirect web site or registration
for use of the FloristDirect web site.
(24) These Terms represent the entire understanding and
agreement between FloristDirect and My Virtual Florist Member.
(25) I AGREE TO ACCEPT THIS AGREEMENT AND SPECIFICALLY AGREE
TO THE TERMS AND CONDITIONS OF THE EXCLUSIVE SERVICE MARK
LICENSE AGREEMENT WHICH SHALL APPLY TO THE DOMAIN NAME LICENSED
TO MEMBER: I CERTIFY THAT I HAVE READ THE AGREEMENT AND
AGREE TO THE ABOVE AGREEMENT TO TERMS AND CONDITIONS OF
USE AND THE EXCLUSIVE SERVICE MARK LICENSE AGREEMENT AS
SET FORTH IN THIS AGREEMENT AND I AGREE TO BE A MY VIRTUAL
FLORIST MEMBER. Upon completion of this Agreement to Terms
and Conditions of Use, you will be directed to the "JOIN
NOW" section so that you can complete the Registration Form
for the My Virtual Florist Membership designated above.
Copyright © 2003 FloristDirect.Com
All Rights Reserved. This material may not be republished,
reproduced or redistributed in any form. |