II. USE OF SITE; USER CONDUCT AND CONTENT
Unless otherwise indicated, FloraKatherine grants You only a limited, nonexclusive license to view, download, or print portions of this website for private, personal use in order to facilitate User’s review and/or purchase of FloraKatherine’s services or products. Users are strictly prohibited from all other uses of this website’s materials, including, without limitation, sublicensing, assignment, commercial exploitation, reproduction, public display or performance, the creation of derivative works, distribution, reverse engineering, or other such uses.
FloraKatherine does not allow Users to interact with the website, including, without limitation, generating or posting User-generated content.
You acknowledge that FloraKatherine may make use of any ideas, knowledge, concepts, or proposals contained in anything you send or submit to FloraKatherine for any purpose whatsoever, including commercial purposes, without any payment or attribution to You. FloraKatherine will not be liable for any similarities that may appear in future FloraKatherine products, services, advertising, or operations in general.
You agree to use the website for lawful purposes only and in a manner that does not interfere with anyone else’s use of the website. Without limitation, the following types of content and behaviors are prohibited on this website: identity fraud or unlawful impersonation of another; defamation; libel; slander; disparagement; fraud; misrepresentation; infringement; threats; obscenity; invasion of privacy; solicitation; unlawful competition; hacking; accessing non-public portions of this website; spamming; phishing; spoofing; violating the privacy or publicity rights of another; abusive language or behavior; and any other behavior that is illegal under the laws of the United States or any jurisdiction where the User resides. Users shall not engage in discrimination or harassment on this website in any form. Users shall not upload to the website or otherwise infect the website with any malware, Trojan horses, viruses, ransomware, or other types of cyber-attacks. User shall not take any action with respect to this website that is not expressly or apparently authorized by FloraKatherine.
III. ELIGIBILITY/LOYALTY PROGRAM/ACCOUNTS
a. User Accounts
Users may checkout as a guest. Users may also create an account with FloraKatherine through the website. This account is nontransferable. Users shall control the username and password for any such account. Users are responsible for maintaining the security and confidentiality of all passwords for their accounts on and through the website. Users agree not to permit the use of their username and/or password credentials in connection with any attempts to hack FloraKatherine’s website, evade any access control limits, or otherwise harm FloraKatherine’s website or business. You are solely responsible for misuse or unauthorized use of Your account. By creating an account, You acknowledge and agree that FloraKatherine may store Your personal information, including, without limitation, biographical information, contact information, and order history.
b. FloraKatherine Loyalty Program
In its sole discretion, FloraKatherine may choose to implement a loyalty program, the terms, conditions, and name of which is subject to change at any time. Any loyalty program is limited to individuals, and any individual may only have one loyalty account. Individuals must be at least 18 years old and a legal resident of the United States in order to participate in any loyalty program. The loyalty program will be void where prohibited by law. No purchase is necessary to enroll in the loyalty program. Participation in the FloraKatherine loyalty program does not confer any benefits from any other company, even those companies that may be affiliated or associated with FloraKatherine.
Participation in the loyalty program is optional and requires Your affirmative enrollment. To earn points under the loyalty program, enrollees must checkout using their personal FloraKatherine User account and must indicate that they are a loyalty program enrollee at checkout.
Under FloraKatherine’s loyalty program, enrollees may earn one point for every U.S. dollar spent on FloraKatherine merchandise purchased through the FloraKatherine website. Tax and shipping is not included in points earning. Points may only be redeemed for designated rewards, and such rewards will be determined by FloraKatherine, in its sole discretion. To redeem loyalty points for a reward, a loyalty enrollee must have the requisite minimum number of points for the reward ordered. User understands that tax and shipping charges may apply to rewards purchases. User hereby understands and agrees that loyalty program points have no cash value and cannot be redeemed for cash. Rewards are redeemable with points while supplies last, and FloraKatherine has the right to substitute products designated for the loyalty program from the FloraKatherine product line. Rewards items may not be returned or exchanged. If there is a problem with a rewards product, please contact FloraKatherine’s customer service office at customerservice@FloraKatherine.com.
FloraKatherine may choose to alter or limit the qualifications for and terms of the loyalty program at any time, without prior notice. FloraKatherine may also choose to terminate the loyalty program at any time, in its sole discretion, and without prior notice. In the event that the loyalty program is terminated, Users may redeem any unused loyalty points within sixty (60) days of termination. After sixty (60) days of termination, FloraKatherine shall have no more obligation to honor any loyalty points.
IV. PRODUCT & ORDER DISCLAIMERS
a. Product Representations
FloraKatherine reserves the right, in its sole discretion and without notice to any User, to introduce or discontinue products, to change product specifications, packaging, descriptions, and pricing, to change product inventory and shipping practices and the like without any obligation to You. Users sole remedy for purchases that do not match the product descriptions or depiction of packaging is to return the product unused and undamaged for a refund under FloraKatherine’s returns policy.
b. Pricing Errors
It is possible that FloraKatherine may mistakenly list a product at an incorrect price on this website. To the extent allowed by law, FloraKatherine reserves the right to revoke the misstated price and refuse or cancel orders placed for product at the incorrectly-stated price. To the extent a User has already submitted payment at the incorrect price, FloraKatherine will provide for a refund or credit.
Your orders through this website are not complete until payment is received by FloraKatherine and honored by Your financial institution. All products and services are subject to limitations in availability. FloraKatherine will notify You of any products included in Your order that are no longer available. FloraKatherine may offer You an alternative product or service.
By ordering through this website You are representing that You are not a dealer, wholesaler, or distributor. This website is intended for direct sales to consumers. FloraKatherine’s products, as sold through this website, are not intended for resell purposes.
d. Payments, Shipping, & Tax
You represent and warrant that if You purchase any product or service from FloraKatherine that (i) the payment or credit card information supplied by You is true and complete; (ii) the payment information submitted belongs to You or You are authorized to use the payment method submitted; (iii) charges incurred by You will be honored by Your credit card company or financial institution; and (iv) You will pay for all charges incurred by You, including applicable taxes, and any service charges or ancillary fees incurred. You agree that Your complete electronic order shall constitute a written agreement sufficient to satisfy any applicable Statute of Frauds with no further writing being required.
If You purchase or attempt to purchase products or services through this website with fake or stolen financial information or You are otherwise engaged in fraudulent activity, FloraKatherine reserves the right to report You to the appropriate enforcement authorities.
FloraKatherine will add the appropriate shipping fees to all orders. FloraKatherine makes commercially reasonable efforts to ship orders to You in a reasonable time. However, You understand that FloraKatherine does not guarantee delivery dates and that shipping timelines may be impacted due to product availability. FloraKatherine shall not be liable for any losses, expenses, costs, or damages incurred related to any delay of shipment or delivery of Your product. FloraKatherine’s products are delivered to You via common carrier. The risks of loss and title for the products pass to You upon FloraKatherine’s delivery of the items to the common carrier.
FloraKatherine may reject orders if the delivery address is located outside the United States. Inside of the United States, FloraKatherine will collect applicable sales and use tax on orders shipped to customers in the States of Alabama and Illinois. All other customers will be responsible for remitting any applicable use tax with respect to purchases made with FloraKatherine. User acknowledges and agrees that User is ultimately responsible for ensuring payment of all applicable taxes, including sales and use taxes.
You may return any product within fifteen (15) calendar days of receipt as long as it is unopened and unused. You may return products in accordance with the return instructions provided along with Your shipment. If You have questions about Your right to return any product, please contact FloraKatherine’s customer service desk at customerservice@FloraKatherine.com. FloraKatherine will refund payment where Your item is timely returned and meets the requirements under this provision. Refunds do not include price of shipping and it is Your responsibility to cover shipping for the cost of return.
V. ELECTRONIC & TELEPHONIC COMMUNICATIONS
By creating a User account, purchasing products, or signing up for any of our current or future mailing lists, loyalty programs, sales notifications, or similar distribution lists, You acknowledge that You may be automatically subscribed to communications from FloraKatherine. If You no longer wish to receive such communications, You may unsubscribe from such communications at any point in time by updating Your preferences. You may also unsubscribe from any unwanted communications by following the links located in FloraKatherine’s communications or contacting us at customerservice@FloraKatherine.com.
b. Electronic Communications
You agree that FloraKatherine may communicate with You electronically, including, without limitation, posting information to the website, direct notices, disclosures, and other submissions to You. These electronic communications are writings. Conversely, any information You provide to FloraKatherine through the website shall constitute a writing and an electronic communication. Such writings will have the same force and effect as though they were physical writings signed by the sending party.
c. Electronic Signatures
You acknowledge that if You click on features of the website such as, without limitation, “I ACCEPT,” “SUBMIT,” “PURCHASE,” etc., that You are submitting a legally binding electronic signature. In accordance with all applicable laws, regulations, rules, ordinances, and other governing provisions, including, without limitation the “E-Sign Act” (15 U.S.C. § 7001, et seq.), YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS. YOU FURTHER CONSENT TO THE ELECTRONIC DELIVERY OF IMPORTANT NOTICES, RECEIPTS, POLICIES, AND TRANSACTION RECORDS OF ACTIVITY INITIATED OR COMPLETED THROUGH THE WEBSITE OR FLORAKATHERINE’S BUSINESS SERVICES. You affirmatively WAIVE any rights under any laws, regulations, rules, ordinances, and other governing provisions, which require an original signature, non-electronic record keeping, or transactions by other than electronic means.
e. Notices & Contact Information
FloraKatherine may provide any necessary notices to You by means of public postings on this website, by direct email or by other reliable method to the contact information You provide through this website. User is solely responsible for providing FloraKatherine with updated and accurate contact information.
VII. INTELLECTUAL PROPERTY
FloraKatherine respects the intellectual property rights of all parties, and invites You to do the same.
a. COPYRIGHT AND DMCA POLICY
All of the visual, audiovisual, software, and textual content, and all of the organizational and design elements of this website, including the website’s “look and feel”, are the exclusive intellectual property of FloraKatherine and protected by U.S. and international copyright laws.
- Notices of Infringement. If You are a copyright owner or authorized agent of a copyright owner and believe that any content contained on this website infringes Your copyright, You may submit a written notice pursuant to 17 U.S.C. § 512(c)(3) (the “Digital Millennium Copyright Act” (“DMCA”)). You must address Your notice to FloraKatherine’s designated Copyright Agent (contact information provided below), and Your notice must contain the following: (1) the physical or electronic signature of the copyright owner or the owner’s authorized agent; (2) an identification of the copyrighted work at issue, including the U.S. Copyright Registration number, if registered; (3) a clear description of the website content You allege to be infringing this copyrighted work, with a reference or link to where that material is being hosted; (4) the complainant’s contact information; (5) a statement that the complainant has a good faith belief that the infringing material is not authorized by the owner, the owner’s agent, or the law; (6) a statement that the information contained in the DMCA Take-Down Notice is accurate; (7) a statement, made under penalty of perjury, that the information contained in the notice is accurate and that the complainant is authorized to act on behalf of the copyright owner.
- Copyright Agent. FloraKatherine’s designated Copyright Agent for receipt of DMCA Take-Down Notices and trademark infringement notices is:
Attn. Lori Warren, DMCA Agent
109 Jefferson St. N.
Huntsville, AL 35801
- Repeat Infringers. Under appropriate circumstances, FloraKatherine will terminate the access of any User that FloraKatherine determines, in its sole discretion, to be a repeat infringer of the copyrights of others.
- Other Notices. FloraKatherine’s Copyright Agent only handles notices as described in subsections 1-3, above. All other notices, feedback, requests for technical support, customer service requests, and all other communications should be directed to FloraKatherine’s Customer Service at customerservice@FloraKatherine.com.
FloraKatherine is the sole owner of the FLORAKATHERINE brand and all trademarks, service marks, trade names, and/or trade dress that is or may be reflected on the website content and product lines. Only FloraKatherine and authorized licensees have permission to use the FLORAKATHERINE marks. User acknowledges that use of the FLORAKATHERINE marks by User or any other unauthorized third party in conjunction with unauthorized services or products is likely to cause confusion and/or disparage or discredit FloraKatherine. User agrees not to copy, paste, or use framing techniques to enclose FloraKatherine’s trademarks and logos without FloraKatherine’s express written consent. User agrees not to use meta tags, adwords, or other such text utilizing FloraKatherine’s tradenames, trademarks, or product names without FloraKatherine’s express written consent.
c. OTHER INTELLECTUAL PROPERTY RIGHTS
FloraKatherine is the sole owner of all of FloraKatherine’s intellectual property rights, including without limitation, any and all patent, copyright, trademark, trade secret, rights of publicity, moral rights, and any other such rights that belong or may accrue to FloraKatherine. User acknowledges that User does not acquire any ownership rights to any content or materials viewed on or accessed through the website. User acknowledges that violations of FloraKatherine’s intellectual property rights constitutes irreparable harm for which injunctive relief is appropriate. FloraKatherine’s posting of information or materials on the website does not constitute a waiver of FloraKatherine’s proprietary rights in any such material. User acknowledges that all customer feedback, suggestions, remarks, ideas, proposals, or other information communicated by You to FloraKatherine shall become the sole property of FloraKatherine without compensation to You or any person, and FloraKatherine shall be entitled to use such submission for any commercial or other purpose.
IX. THIRD-PARTY LINKS
User acknowledges that FloraKatherine does not operate or control the products or services that may be offered by the companies controlling the third-party sites. Those third-party companies are responsible for all aspects of any customer relationship that may form between User and the third-party, and FloraKatherine is not a party to any of those transactions. FloraKatherine and the companies featured on third-party sites are independent contractors.
FloraKatherine is not responsible for the content, products, services, or opinions contained on third-party sites, and FloraKatherine does not investigate, monitor, or provide quality checks for such third-party sites or companies. FloraKatherine’s inclusion of a third-party link does not imply approval or endorsement of the linked website or the service or product of the third-party company responsible for the site.
USER AGREES THAT USE OF A THIRD-PARTY SITE OR A THIRD-PARTY’S BUSINESS SERVICES OR PRODUCTS IS AT USER’S SOLE RISK AND IS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND BY FLORAKATHERINE. UNDER NO CIRCUMSTANCES WILL FLORAKATHERINE BE RESPONSIBLE FOR ANY DAMAGES ARISING FROM ANY TRANSACTION BETWEEN YOU AND THIRD-PARTIES.
X. WARRANTY DISCLAIMERS
This website and any associated products and services are provided on an “as is” and “as available” basis. FloraKatherine makes no representations or warranties regarding the availability of this website and does not guarantee that access to the website will be free from interruption, bugs, viruses, or defects. FloraKatherine makes no representations or warranties that defects, if any, will be corrected or that the servers hosting this site will be free from viruses or other malware or harmful components. FloraKatherine makes no representations or warranties regarding the accuracy, sufficiency, usefulness, security, availability, or reliability of the website or of any information provided on this website. You acknowledge and agree that You assume the risk for any information obtained through the website and any material or data downloaded by You. You are solely responsible for any damage to Your own servers, computers, and data related to Your use of the website. FloraKatherine makes no representations or warranties as to any expected results that may or may not be obtained from the use of the website and related FloraKatherine products. FloraKatherine makes no warranties, of any kind, either express or implied. TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, FLORAKATHERINE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Because some jurisdictions do not allow full exclusions or limitations on warranties, these limitations may not apply to every User.
XI. TERM AND TERMINATION
FloraKatherine may terminate, alter, or limit this website and/or the associated business operations of FloraKatherine at any time, in its sole discretion. FloraKatherine may sell or assign to a third party FloraKatherine’s rights and obligations to any User at any time, in FloraKatherine’s sole discretion. FloraKatherine may modify or terminate these terms and conditions, or any provision herein, at any time, for any reason, in FloraKatherine’s sole discretion.
XII. DISPUTE RESOLUTION AND WAIVER
In the event of a dispute between any User and FloraKatherine related to this website or the purchase of any product or service from this website, User and FloraKatherine agree to negotiate the dispute in good faith prior to either party filing a lawsuit. The User agrees that the dispute, whether legal or equitable, shall be submitted in writing to customerservice@FloraKatherine.com.
XIII. GENERAL DISCLAIMERS AND LIMITATIONS OF LIABILITY
XV. GOVERNING LAW, JURISDICTION, AND VENUE
Last Updated: November 29, 2017