TERMS AND CONDITIONS
Welcome to FlordeMaria.com website (the “Site”). This Site is published and managed by Flor de Maria LLC.
When you access, browse, or use this site or any of its features you accept and agree to, without limitation or qualification, the terms and conditions set forth below.
USE OF SITE
You represent and warrant that you are at least 18 years of age or older who resides in the United States when visiting the Site.
Subject to the terms and conditions of this Agreement, we hereby grant you a limited, revocable, non-transferable and non-exclusive license to access and use the Site by displaying it on your internet browser only for the purpose of shopping for items sold on the Site and not for any commercial use or use on behalf of any third party, except as explicitly allowed by us in advance. Any breach of this Agreement shall result in the immediate revocation of the license granted in this paragraph without notice to you.
Except as permitted in the paragraph above, you may not reproduce, distribute, display, sell, lease, transmit,
create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit this Site or any portion of it unless expressly permitted by us in writing. You may not make any commercial use of any of the information provided on the Site or make any use of the Site for the benefit of another business unless explicitly permitted by us in advance. We reserve the right to refuse service, terminate accounts, and/or cancel orders at its discretion, including, without limitation, if we believe that customer actions violates applicable law or is harmful to our interests.
You shall not upload to, distribute, or otherwise publish through this Site any Content, information, or other material that (a) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person; (b) is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under U.S. or international law; or (c) includes any bugs, viruses, worms, trap doors, Trojan horses or other harmful code or properties.
We may assign you a password and account identification to enable you to access and use certain portions of this Site. Each time you use a password or identification, you will be deemed to be authorized to access and use the Site in a manner consistent with the terms and conditions of this Agreement, and we have no obligation to investigate the authorization or source of any such access or use of the Site. You will be solely liable for all access to and use of this site by anyone using the password and identification originally assigned to you whether or not such access to and use of this site is actually authorized by you, including without limitation, all communications and transmissions and all obligations (including without limitation financial obligations) incurred through such access or use. You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You shall immediately notify us of any unauthorized use of your password or identification or any other breach or threatened breach of this Site's security.
When you use the Site, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Site or through our other services. You agree that all agreements, notices, disclosures and other communication that we provide to you electronically satisfy any legal requirements that such communications be in writing.
You agree to
Provide accurate, current and complete information about you as may be prompted by any forms for the Site (“Personal Information”);
Maintain and update any information you provide to the company, to keep it accurate, current and complete;
Maintain the confidentiality of your username and password to access the Site; and accept full responsibility for all consequences of all actions initiated and all conduct that occurs under your username and password.
You may not distribute exchange, modify, sell, or transmit anything you copy from the Site, including but not limited to any text, images, audio, and video, for any business, commercial, or public purpose. As long as you comply with these Terms and Conditions of Use, the Company grants you a non-exclusive, non-transferable, limited right to enter, display, and use the Site. You agree not to interrupt or attempt to interrupt the operation of the Site or any services offered through the Site in any way. Notwithstanding anything to the contrary, the Company reserves the right, without notice and in its sole discretion, to cancel or restrict your access to and use of any portion of or the entirety of the Site or any services offered through the Site. You understand and agree that the Company may do so without any liability whatsoever.
Content of the Site
The Company may, from time to time, make newsletters, messaging services, chat services, bulletin boards, message boards, blogs, other forums, new product updates and other such services available on or through the Site (the “Services”). In addition to any other rules or regulations that we may post in connection with a particular service, you agree that you shall not upload, post, transmit, distribute or otherwise publish through the Site or any of the Services, any materials which:
- restrict or inhibit any other individual from using and enjoying the Site or the Services;
- are fraudulent, unlawful, threatening, abusive, harassing, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent;
- constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law;
- violate or infringe the rights of third parties including, without limitation, copyright, trademark, trade secret, confidentiality, contract, patent, rights of privacy or publicity or any other proprietary right;
- contain a virus, spyware, malware or other harmful component;
- contain embedded links, advertising, chain letters or pyramid schemes of any kind;
- constitute or contain false or misleading indications of identity, origin, endorsement or statements of fact.
Nothing in this Agreement shall require the Company to monitor or edit the Site for objectionable or infringing materials. If at any time the Company chooses, in its sole discretion, to monitor or edit the Site, the Company nonetheless assumes no responsibility for any submission by users unaffiliated with the Company (“Users”), no obligation to modify or remove any inappropriate materials or information, and no responsibility for the conduct of any User. The Company does not endorse and has no control over what Users post or submit to the Site. The Company reserves the right, in its sole discretion, to reject, refuse to post or remove any submission, posting or other data, in whole or in part. You understand and agree that the Company has no liability whatsoever if it refuses to post your submissions or edits, restricts or removes your submissions.
The Company does not claim any ownership rights in any audio, images, software, text, artwork, video clips and other materials (“Content”) that Users upload, transmit or post to the Site ("User Content"). However, by uploading Content to the Site, transmitting Content through using the Services, or otherwise providing Content to the Company, you grant the Company a world-wide, royalty-free, non-exclusive, perpetual, irrevocable and sublicensable license to use, modify, publicly perform, publicly display, reproduce and distribute the Content in the course of offering the Site and/or the Services without any corresponding compensation to you or to any other individual. The Company will treat any User Content as non-confidential and public. Please do not submit confidential or private information. You also agree that any other User of this Site or the Services may access, view, store or reproduce any of your Content for such User's personal use or otherwise in connection with use of the Site and/or the Services. User Content should not be accepted or construed as professional advice or instruction.
The Site also contains content owned by or licensed to the Company ("Company Content"). The Company owns and retains all rights in the Company Content including all intellectual property rights. The Company hereby grants you a limited, revocable, nonsublicensable license to reproduce and show the Company Content (excluding any software code) solely for your personal, non-commercial use to view the Site and otherwise as necessary to use the Services. Otherwise, you shall not copy, capture, reproduce, perform, transfer, sell, license, modify, manipulate, create derivative works from or based upon, republish, upload, edit, post, transmit, publicly display, frame, link, distribute, or exploit, in whole or in part, the Company Content. If you download any Company Content from the Site, you may not remove any copyright or trademark notices or other notices that accompany it. Except as set forth above, nothing contained in this Terms and Conditions of Use shall be construed as conferring by implication, estoppel or otherwise any license or right under any trade secret, patent, trademark, copyright or other intellectual property right of the Company or any third party. All licenses not expressly granted by the Company are reserved.
Prohibited User Conduct
You warrant and agree that, while using the Site and the Services, you will not:
- impersonate any person or entity, whether actual or fictitious, including any Company representative or misrepresent your affiliation with any other person or entity;
- insert your own or a third party's advertising, branding or other promotional material into any of the Content, or use, redistribute, republish or exploit such Content or the Service for any commercial or promotional purposes; or
- attempt to gain unauthorized access to other computer systems through the Site or the Services.
You also shall not:
- engage in spidering, "screen scraping," "database scraping," harvesting of e-mail addresses, wireless addresses or other contact or personal information, or any other automatic means of obtaining lists of users or other information from or through the Site or the Services, including without limitation any information residing on any server or database connected to the Site or the Services;
- obtain or attempt to obtain unauthorized access to computer systems, materials or information through any means;
- use the Site or the Services in any manner with the intent to interrupt, damage, disable, overburden, or impair the Site or the Services, including, without limitation, sending mass unsolicited messages or "flooding" servers with requests;
- use the Site or the Services in violation of the intellectual property or other proprietary or legal rights of the Company or any third party; or
- use the Site or the Services in violation of any applicable law
You further agree that you shall not attempt (or encourage or support anyone else's attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Site or the Services, or any Content, or make any unauthorized use thereof. You agree that you shall not use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site or any of the Services. You shall not obtain or attempt to obtain any materials or information through any means not intentionally made publicly available or provided for through the Site.
Trademarks and Copyrights
There are a number of
- proprietary logos, service marks, and trademarks including, but not limited to, the Flor de Maria® and
- copyright-protected graphic images including, but not limited to, photographs and other visual depictions of Company products (“Images”) found on the Site. All of the Marks and Images are owned by, or licensed to, or otherwise authorized for use by the Company. By making them available on the Site, the Company is not granting you any license to utilize the Marks or Images. You acknowledge and agree that you have no rights, title, or interest in or to the Marks or the Images and that you will not adopt, use, or attempt to register any of the Marks or Images or any mark or image confusingly similar to or derived from any of the Marks or Images.
Infringement of Intellectual Property Rights
You may not post, modify, distribute, or reproduce in any way copyrighted material, trademarks, or other proprietary materials without obtaining the prior written consent of the owner of the rights to such material. The Company may deny access to the Site or the Services any User who is alleged to infringe another party’s intellectual property rights including, but not limited to, rights of copyright and trademark. Without limiting the foregoing, if you believe that your rights of copyright have been infringed, please provide our Copyright Agent with the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- a description of the copyrighted work that you claim has been infringed;
- a description of the location on the Site of the material that you claim is infringing
- your address, telephone number, and e-mail address;
- a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. The notice of claims of copyright infringement can be reached by mail at PO Box 321265 Los Gatos, CA 95032
Security of Electronic Transmissions
Internet transmissions are never completely private or secure. You understand that any message or information you send to this Site or through the Services may be read or intercepted by others, unless there is a special notice that a particular message is encrypted. Sending an e-mail message to the Company does not create any reciprocal obligation or responsibility of the Company to you.
Links to/from Other Websites
The creation and operation of a hyperlink to this Site can only be made with the prior written authorization of the Company. However, the Company may, without notice and in its sole discretion, temporarily or permanently, at any time, revoke any such authorization without any liability.
The Site may contain links to other Internet sites or be accessible through links from other Internet sites on the World Wide Web. The Company provides and allows such links for your convenience only, and is not responsible for the content of any website linked to or from the Site. Links from the Site to any other website do not indicate that the Company approves of, endorses, sponsors, or recommends that website. The Company disclaims all warranties, express or implied, as to the accuracy, legality, reliability, or validity of any content on any other website.
Descriptions of Products and Services
The Company attempts to provide accurate descriptions and visual representations of all products displayed on the Site. However, the Company makes no representation or warranty whatsoever as to the reliability, accuracy, timeliness, usefulness or completeness of any information or graphic images on the Site or available through the Services.
Availability of Products and Services
The products and Services offered on the Site may not be available or accessible in your particular state or locality. The reference to the products and the Services on the Site does not imply or warrant that any specific product or Service will be available at any time in your particular location. Furthermore, the Company reserves the right to alter, modify, add or discontinue completely any of the products or Services, temporarily or permanently, at any time, in its sole discretion, without notice and without liability.
The products offered for sale and sold through the Site are intended for your personal use only, and not for resale. By placing an order through the Site, you warrant that you are purchasing the product(s) only for personal use. The Company, in its sole discretion, reserves the right to refuse to fill any orders which it believes are intended for resale.
Right to Change These Terms and Conditions of Use or Site Content
The Company may add to, change, or remove any part of these Terms and Conditions of Use at any time, without notice. Any changes to these Terms and Conditions of Use or any terms posted on the Site apply as soon as they are posted. By continuing to use the Site after any changes are posted, you are indicating your acceptance of and agreement to those changes. Furthermore, the Company may add, change, discontinue, remove, or suspend any other Content posted on the Site, including features and specifications of products described or depicted on the Site, temporarily or permanently, at any time, without notice and without liability.
Disclaimer of Warranties and Damages
Your use of the site and the services is at your own risk. The site (including all content and functions made available on or accessed through the site) is provided "as is." to the fullest extent permissible by applicable law, the company disclaims all warranties, express or implied, including, but not limited to, implied warranties and conditions of merchantability and fitness for a particular purpose, workmanlike effort, title, and non-infringement. Furthermore, the company does not warrant that the server that makes the site available is free of viruses or other harmful components that may infect, harm, or cause damage to your computer equipment or any other property when you access, browse, download from, or otherwise use the site or the services.
Limitation of Liability
Under no circumstances, including, but not restricted to, the negligence of the company, its agents or service providers, shall the company, its agents or service providers be accountable for any consequential, direct, incidental, indirect, punitive, or special damages that result from (a) the use of, (b) the inability to use, or (c) errors or omissions in the contents and functions of, the site, even if the company or any of its agents or service providers had been advised of the possibility of such damages. Some states do not allow the exclusion or limitation of consequential or incidental damages, so the above limitation or exclusion may not apply to you. In no event shall the total liability of the company, its agent or service providers to you for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) exceed $100.00.
These Terms and Conditions of Use and any additional terms posted on the Site together constitute the entire agreement between the Company and you with respect to your use of the Site and the Services. The Company’s failure to insist upon or enforce strict performance of any provision of these Terms and Conditions of Use shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Terms and Conditions of Use. The Company may assign its rights and duties under these Terms and Conditions of Use to any party at any time without notice to you.
Any alleged claim or cause of action you may have with respect to your use of the Site or the Services must be commenced within one (1) year after the alleged claim or cause of action arises. You hereby waive your right to a jury trial in any such action. If, for any reason, a court of competent jurisdiction finds any provision of these Terms and Conditions of Use, or any portion thereof, to be invalid, that provision or portion shall be deemed scalable, and shall not affect the validity and enforceability of any remaining provision of these Terms and Conditions of Use. These Terms and Conditions of Use shall be governed by and construed in accordance with the laws of the State of New York without reference to its conflicts of law rules. Furthermore, you agree and consent to exclusive personal jurisdiction and venue in the state and federal courts of the United States.
SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS
User Opt In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply.
User Opt Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.
Duty to Notify and Indemnify: If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these terms and conditions. You further agree that, if you discontinue the use of your mobile telephone number without notifying Us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs.
YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.
Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing and sale of digital and physical products, services, and events.
Cost and Frequency: Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.
Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at email@example.com. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.
MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.
Our Disclaimer of Warranty: The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. T-Mobile is not liable for delayed or undelivered mobile messages.
Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.
Age Restriction: You may not use of engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.
Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes:
- Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;
- Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;
- Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;
- Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;
- Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and
- Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.
Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us, or between you and Stodge, LLC d/b/a Postscript or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in Los Gatos, California before one arbitrator.
The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which Flor de Maria’s principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.
Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.