Welcome to FlowerGirlGreetings.com, a website operated by Flower Girl Greetings, LLC, an Ohio limited liability company (“Flower Girl Greetings”).  The following is a legal agreement between Flower Girl Greetings and you. By accessing this site and/or by purchasing goods or services, you agree to be bound by these terms of use and conditions of sale. This agreement contains Warranty Disclaimers and other provisions that limit our liability to you. PLEASE READ THIS AGREEMENT IN ITS ENTIRETY.  If you do not agree with these terms, please do not use this site. 

 

Site Services

FlowerGirlGreetings.com may change, suspend or discontinue any aspect of the products and services at any time, including the availability of any feature or content. FlowerGirlGreetings.com may also impose limits on certain features and services or restrict your access to parts or all of the product and services without notice or liability.

 

Copyright

All content included on this site, such as ecards, text, graphics, artwork, logos, icons, photos, products, digital downloads, videos, data compilations, and software is the property of FlowerGirlGreetings.com, or its content suppliers or licensors and is protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Flower Girl Greetings, LLC and is protected by U.S. and international copyright laws. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, incorporate into another web site, or in any other way exploit any of the content, in whole or in part without the express written permission of FlowerGirlGreetings.com.

 

Trademarks

Flower Girl Greetings and the Flower Girl Greetings logo are registered trade/service marks of Flower Girl Greetings, LLC. in the United States and other countries. All rights reserved. Use of the Flower Girl Greetings registered trade/service marks as meta-tags for search engines is strictly prohibited.

 

Privacy

Any information you provide to us is subject to our Privacy Policy. Flower Girl Greetings values you and respects your privacy. It has always been Flower Girl Greetings' firm policy to conduct business with scrupulous respect for the law. We collect information to support our relationship with you, improve our product offering and to communicate about products, services, and promotions. Flower Girl Greetings recognizes that we must maintain and use information responsibly. Occasionally, Flower Girl Greetings.com uses personal consumer information to mail updates on the products and services of Flower Girl Greetings, LLC.

 

Permission to Use Content and Copyright Notice

FlowerGirlGreetings.com grants you a limited license to access and make personal, noncommercial use of this site and not to download (other than page caching) or modify, in whole or in part, except with express written consent of FlowerGirlGreetings.com or where expressly permitted. You agree not to use or resell FlowerGirlGreetings.com or the services it provides for any commercial purpose, including but not limited to sending unsolicited commercial messages. You agree not to use the messaging services provided by FlowerGirlGreetings.com to send SPAM or to send messages to mailing lists to which you do not have the legal right to send or initiate the sending of such message to each recipient. In order to purchase products or services through FlowerGirlGreetings.com, you agree that you are 18 years of age or older, or have the specific permission of a parent or legal guardian.

 

The products, technology, and/or processes described and/or used on this Site are exclusively owned by Flower Girl Greetings, LLC. in accordance with the U.S. Copyright Laws, and may be the subject of intellectual property rights reserved by it or other third parties. Except for the limited license granted above, nothing contained herein shall be construed as conferring to you in any manner, whether by implication, estoppel or otherwise, any license, title, or ownership of or to any intellectual property right of Flower Girl Greetings or any third party.

 

Purchase, Shipping and Return of Products or Services

You agree to pay all fees and charges incurred through your purchase of any products or services at the time of purchase and at the rates in effect for the billing period in which such fees and charges are incurred. FlowerGirlGreetings.com will determine the best method of shipping any products that are purchased.  Further, FlowerGirlGreetings.com does not provide refunds or credits if the price for particular Products or Services previously purchased by you is lowered or is part of a promotional offer. All Products or Services purchased on a non-subscription basis (individual downloads, shipped products, greeting cards) or promotional offerings are non-refundable and non-returnable.  All sales are final.

 

Limitation of Liability

UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO ITS OWN NEGLIGENCE, SHALL FLOWERGIRLGREETINGS.COM BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS IN THIS SITE, EVEN IF FLOWERGIRLGREETINGS.COM OR A FLOWERGIRLGREETINGS.COM AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL FLOWERGIRLGREETINGS.COM'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT INCLUDING BUT NOT LIMITED TO NEGLIGENCE OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.

 

Disclaimer of Warranties

THE MATERIALS IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, FLOWERGIRLGREETINGS.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. FLOWERGIRLGREETINGS.COM DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. (ALTHOUGH WE TAKE THE UTMOST PRECAUTION TO PROTECT OUR WEBSITEA.)  FLOWERGIRLGREETINGS.COM DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. YOU (AND NOT FLOWERGIRLGREETINGS.COM) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

 

Product Information Disclaimer

It is our intent to provide the most accurate and up-to-date information available throughout the site and in our communications with you. Occasionally, information on FlowerGirlGreetings.com may contain typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing and/or availability. FlowerGirlGreetings.com reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice, including after your order has been submitted. In addition, we reserve the right to cancel orders due to lack of availability, including after your order has been submitted. We apologize for any inconvenience this may cause you.

 

Acknowledgements

To access many features on the site, and to purchase any goods or services, you may be required to create an account with FlowerGirlGreetings.com. Any personal information you provide in connection with your account will be covered by our Privacy Policy. You are responsible for the accuracy of the information included in your account, including updating your information as necessary, maintaining the confidentiality of your password. All activity conducted in connection with your account will be your responsibility, as you are deemed to be in sole possession and control of the confidential password necessary to access your account. You must immediately notify FlowerGirlGreetings.com of any unauthorized access or tampering of your account, or suspected breach of security.

 

You agree that any information you provide to FlowerGirlGreetings.com is truthful and accurate, and complete including the name or identity of the purchaser or sender of any service or product. You agree to not use FlowerGirlGreetings.com to upload, post, email, send, or initiate the sending by ecard or printed card, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable or that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party. You represent and warrant that you own or otherwise control all of the rights to any content you submit to FlowerGirlGreetings.com, including but not limited to the sending, creating, printing or delivery of personalized content or products; that the content is accurate; that use of the content you supply does not violate these terms of use and will not cause injury to any person or entity and that you will indemnify FlowerGirlGreetings.com for all claims resulting from any content you supply. By submitting content to FlowerGirlGreetings.com through web-based functions or via email, you grant or warrant that the owner of rights in such content has expressly granted the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such content (in whole or part), and the names and likeness of any persons identifiable therein, worldwide and/or to incorporate it in other works in any form, media or technology now known or later developed for the full term of any rights that may exist in such content, provided however, that for content provided to FlowerGirlGreetings.com solely for the purpose of incorporating such content into a product or service ordered by you, you grant such rights to FlowerGirlGreetings.com for the sole purpose of delivering products and services.

 

You acknowledge that FlowerGirlGreetings.com is not obligated to prescreen content submitted by users, but that FlowerGirlGreetings.com shall have the right (but not the obligation) in its sole discretion to refuse, move or remove any content that is made available via FlowerGirlGreetings.com or to refuse to accept content for use in any products or services offered on or through FlowerGirlGreetings.com by any user that violates these terms of service or is otherwise objectionable in FlowerGirlGreetings.com's sole judgment. FlowerGirlGreetings.com may request that a user submit evidence of their ownership of or right to use and reproduce any copyright, trademark or likeness arising from user's submission of content. If, upon such request, FlowerGirlGreetings.com does not receive information it deems sufficient to evidence such rights, FlowerGirlGreetings.com reserves the right to (i) suspend the shipping of an order or service relating to such content, and/or (ii) share the content and information regarding the member with governmental organizations, law enforcement authorities or other third parties.

You also acknowledge and agree that FlowerGirlGreetings.com may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these terms of service; (c) respond to claims that any content violates laws or the rights of third parties; or (d) protect the rights, property or personal safety of FlowerGirlGreetings.com, its users and the public.

 

If, in FlowerGirlGreetings.com's sole determination, FlowerGirlGreetings.com may decide to block you, and those using any email account associated with you from ordering/purchasing ecards or using any or all of the services available on FlowerGirlGreetings.com. FLOWERGIRLGREETINGS.COM RESERVES THE RIGHT IN ITS SOLE DISCRETION TO DISCLOSE TO THIRD PARTIES, INCLUDING PRODUCT RECIPIENTS, THEIR COUNSEL, OR LAW ENFORCEMENT AUTHORITIES, RELEVANT INFORMATION ABOUT A COMMUNICATION, INCLUDING, BUT NOT LIMITED TO, THE SENDER NAME, ACCOUNT INFORMATION, MEMBER AND COOKIE NUMBERS, IP ADDRESSES, TRANSMISSION DATA, PAST AND SUBSEQUENT SERVICE USE, AND ANY OTHER INFORMATION DEEMED NECESSARY BY FLOWERGIRLGREETINGS.COM TO ASSIST THIRD PARTIES, THEIR COUNSEL AND LAW ENFORCEMENT INVESTIGATE VIOLATIONS OF APPLICABLE LAWS. THESE DISCLOSURES MAY BE MADE WITH OR WITHOUT PRIOR NOTICE TO YOU. BY USING THE SERVICE, YOU IRREVOCABLY CONSENT TO SUCH DISCLOSURES.

 

You hereby indemnify, defend and hold harmless FlowerGirlGreetings.com, Flower Girl Greetings, LLC. and its affiliates, and all officers, directors, owners, agents, content providers, licensors and licensees (collectively, the "Indemnified Parties") from and against any and all liability and costs, including, without limitation, reasonable attorneys' fees, incurred by the Indemnified Parties in connection with any claim arising out of any breach by you or any user of your account of this Agreement. You shall cooperate as fully as reasonably required in defense of any such claim. FlowerGirlGreetings.com and/or Flower Girl Greetings, LLC. reserve the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.

 

Unsolicited Submissions

FlowerGirlGreetings.com welcomes comments regarding its products and services. However, FlowerGirlGreetings.com's policy is not to accept or consider creative ideas, suggestions or materials other than those it has specifically requested. We hope you will understand that the intent of this policy is to avoid misunderstandings when projects developed by FlowerGirlGreetings.com's very productive staff are similar to someone else's creative work. Accordingly, we must ask that you not send us any such ideas. If, despite our request that you not do so, you send us creative suggestions, ideas, notes, drawings, concepts or other information (collectively, the "Information"), the Information shall be deemed, and shall remain, the property of FlowerGirlGreetings.com. None of the Information shall be subject to any obligation of confidentiality on the part of FlowerGirlGreetings.com and FlowerGirlGreetings.com shall not be liable or owe any compensation for any use or disclosure of the Information, other than such liability as arises out of the copyright or patent laws of the United States.

 

Governing Law

This Agreement, and the respective rights and obligations of the parties hereto, shall be governed by and construed in accordance with the laws of the State of Ohio. Any dispute arising between you and FlowerGirlGreetings.com or Flower Girl Greetings, LLC. will be submitted to binding arbitration in Columbus, Ohio in accordance with the American Arbitration Association's standard rules then in effect for arbitration of commercial disputes.

 

Updates to Terms

FlowerGirlGreetings.com shall have the right to revise these Terms at any time by updating this posting. By using this Site, you agree to be bound by any such revisions and should therefore periodically visit this Site to determine the then-current Terms to which you are bound.

 

Miscellaneous

If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the subject matter herein and shall not be modified except in writing, signed by both parties.

FlowerGirlGreetings.com makes no representation that materials in the site are appropriate or available for use outside the United States. Those who choose to access this site from outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Individuals also agree to comply with all applicable United States export controls.

 

Copyright Agent

FlowerGirlGreetings.com respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please contact FlowerGirlGreetings.com's Copyright Agent and provide the following information:

• an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
• a description of the copyrighted work or other intellectual property that you claim has been infringed;
• a description of where the material that you claim is infringing is located on the site;
• your address, telephone number, and email address;
• a 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;
• a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

 

Digital Millennium Copyright Act Notices
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Flower Girl Greetings, LLC Designated Agent.

To be effective, pursuant to Title 17, United States Code, Section 512(c)(3)(A), the Notification must include the following:

• an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
• a description of the copyrighted work or other intellectual property that you claim has been infringed;
• a description of where the material that you claim is infringing is located on the site;
• Identification of the location where the original or an authorized copy of the copyrighted work exists, for example the URL of the website where it is posted or the name of the book in which it has been published, your address, telephone number, and e-mail address;
• A 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.

Please send your copyright information to:
Flower Girl Greetings, LLC

5716 Jennybrook Lane
Hilliard OH  43026

 

Links and Advertisements

FlowerGirlGreetings.com may or may not feature on its Site, or in its e-mail communications to you links to third-party web sites. These may appear in the form of text links, advertisements, banners, buttons, integrated gift services, digital cash, digital gift certificates, or otherwise. THE GOODS AND SERVICES AVAILABLE THROUGH THESE LINKS ARE OFFERED BY INDEPENDENT COMPANIES, WHICH ARE NOT AFFILIATED IN ANY WAY WITH FlowerGirlGreetings.com or Flower Girl Greetings, LLC.  NO REPRESENTATIONS ARE BEING MADE AS TO THE QUALITY, FITNESS, WORKMANSHIP, VALUE, APPROPRIATENESS, OR RELIABILITY OF THE MERCHANDISE AVAILABLE OR THE SOLVENCY OR FINANCIAL VIABILITY OF ANY ADVERTISER. BMA WILL NOT REIMBURSE OR INDEMNIFY YOU FOR ANY LOSSES YOU MAY INCUR AS A RESULT OF TRANSACTIONS WITH ANY BMA ADVERTISER. USERS ARE ADVISED TO USE DISCRETION IN SELECTING COMPANIES TO DO BUSINESS WITH ONLINE.

 

There may be circumstances where access to this Site is provided by a link located at another Web site. Neither FlowerGirlGreetings.com, Flower Girl Greetings, Inc. nor its affiliates make any representations or give any warranties with respect to any information contained in or at these other sites and further shall not be liable in any manner for any damages or injury arising from the content of these other sites. Neither FlowerGirlGreetings.com or Flower Girl Greetings, LLC endorses the individuals, companies, or other similar entities, or any products or materials associated with such individuals, companies, or other similar entities, that provide a link to this Site.