Welcome to Floweandmore.com.
This site is by provided as
a service to our customers.
By using our site, you are
agreeing to comply with and
be bound by the following
terms of use. Please review
the following terms
carefully. If you do not
agree to these terms, you
should not use this site.
The term "Flower and More"
or "flowerandmore.com" or
"us" or "we" or "our" refers
to Mohamad Chreif Est. the owner
of the Web site. The
term "you" refers to the
user or viewer of our Web
Site.
You agree to the terms and
conditions outlined in this
Terms of Use Agreement
("Agreement") with respect
to our site (the "Site").
This Agreement constitutes
the entire and only
agreement between us and
you, and supersedes all
prior or contemporaneous
agreements, representations,
warranties and
understandings with respect
to the Site, the content,
products or services
provided by or through the
Site, and the subject matter
of this Agreement. This
Agreement may be amended at
any time by us from time to
time without specific notice
to you. The latest Agreement
will be posted on the Site,
and you should review this
Agreement prior to using the
Site.
The content, organization,
graphics, design,
compilation, magnetic
translation, digital
conversion and other matters
related to the Site are
protected under applicable
copyrights, trademarks and
other proprietary (including
but not limited to
intellectual property)
rights. The copying,
redistribution, use or
publication by you of any
such matters or any part of
the Site, except as allowed
by the "Limited License;
Permitted Uses" policy, is
strictly prohibited. You do
not acquire ownership rights
to any content, document or
other materials viewed
through the Site. The
posting of information or
materials on the Site does
not constitute a waiver of
any right in such
information and materials.
Some of the content on the
site is the copyrighted work
of third parties.
"Flowerandmore.com",
"Flower and More" and others are our
service marks or registered
service marks or
trademarks. Other product
and company names mentioned
on the Site may be
trademarks of their
respective owners.
| Limited License; Permitted
Uses |
You are granted a
non-exclusive,
non-transferable, revocable
license (a) to access and
use the Site strictly in
accordance with this
Agreement; (b) to use the
Site solely for internal,
personal, non-commercial
purposes; and (c) to print
out discrete information
from the Site solely for
internal, personal,
non-commercial purposes and
provided that you maintain
all copyright and other
policies contained therein.
No print out or electronic
version of any part of the
Site or its contents may be
used by you in any
litigation or arbitration
matter whatsoever under any
circumstances.
| Restrictions
and Prohibitions on Use |
Your license for access and
use of the Site and any
information, materials or
documents (collectively
defined as �Content and
Materials�) therein are
subject to the following
restrictions and
prohibitions on use: You
may not (a) copy, print
(except for the express
limited purpose permitted by
Section 4 above), republish,
display, distribute,
transmit, sell, rent, lease,
loan or otherwise make
available in any form or by
any means all or any portion
of the Site or any Content
and Materials retrieved
there from; (b) use the Site
or any materials obtained
from the Site to develop, of
as a component of, any
information, storage and
retrieval system, database,
information base, or similar
resource (in any media now
existing or hereafter
developed), that is offered
for commercial distribution
of any kind, including
through sale, license,
lease, rental, subscription,
or any other commercial
distribution mechanism; (c)
create compilations or
derivative works of any
Content and Materials from
the Site; (d) use any
Content and Materials from
the Site in any manner that
may infringe any copyright,
intellectual property right,
proprietary right, or
property right of us or any
third parties; (e) remove,
change or obscure any
copyright notice or other
proprietary notice or terms
of use contained in the
Site; (f) make any portion
of the Site available
through any timesharing
system, service bureau, the
Internet or any other
technology now existing or
developed in the future; (g)
remove, decompile,
disassemble or reverse
engineer any Site software
or use any network
monitoring or discovery
software to determine the
Site architecture; (h) use
any automatic or manual
process to harvest
information from the Site; (i)
use the Site for the purpose
of gathering information for
or transmitting (1)
unsolicited commercial
email; (2) email that makes
use of headers, invalid or
nonexistent domain names, or
other means of deceptive
addressing; and (3)
unsolicited telephone calls
or facsimile transmissions;
(j) use the Site in a manner
that violates any state or
federal law regulating
email, facsimile
transmissions or telephone
solicitations; and (k)
export or re-export the Site
or any portion thereof, or
any software available on or
through the Site, in
violation of the export
control laws or regulations
of the United States.
| Forms, Agreements &
Documents |
We may make available
through the Site or through
other Web sites sample and
actual forms, checklists,
business documents and legal
documents (collectively,
"Documents"). All Documents
are provided on a
non-exclusive license basis
only for your personal
one-time use for
non-commercial purposes,
without any right to
re-license, sublicense,
distribute, assign or
transfer such license.
Documents are provided for a
charge and without any
representations or
warranties, express or
implied, as to their
suitability, legal effect,
completeness, currentness,
accuracy, and/or
appropriateness. THE
DOCUMENTS ARE PROVIDED "AS
IS", "AS AVAILABLE", AND
WITH "ALL FAULTS", AND WE
AND ANY PROVIDER OF THE
DOCUMENTS DISCLAIM ANY
WARRANTIES, INCLUDING BUT
NOT LIMITED TO THE
WARRANTIES OF
MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE.
The Documents may be
inappropriate for your
particular circumstances.
Furthermore, state laws may
require different or
additional provisions to
ensure the desired result.
You should consult with
legal counsel to determine
the appropriate legal or
business documents necessary
for your particular
transactions, as the
Documents are only samples
and may not be applicable to
a particular situation.
Some Documents are public
domain forms or available
from public records.
| No
Advice or
Relationship |
Information contained on or
made available through the
Site is not intended to and
does not constitute advice,
recommendations, mediation
or counseling under any
circumstance and no
relationship is formed. We
do not warrant or guarantee
the accurateness,
completeness, adequacy or
currency of the information
contained in or linked to
the Site. Your use of
information on the Site or
materials linked to the Site
is entirely at your own
risk.
You may provide links to the
Site, provided (a) that you
do not remove or obscure, by
framing or otherwise,
advertisements, the
copyright notice, or other
notices on the Site, (b)
your site does not engage in
illegal or pornographic
activities, and (c) you
discontinue providing links
to the Site immediately upon
request by us.
The
Site may contain advertising
and sponsorships.
Advertisers and sponsors are
responsible for ensuring
that material submitted for
inclusion on the Site is
accurate and complies with
applicable laws. We are not
responsible for the
illegality or any error,
inaccuracy or problem in the
advertiser(s) or sponsor(s)
materials.
Certain sections of, or
offerings from, the Site may
require you to register. If
registration is requested,
you agree to provide us with
accurate, complete
registration information.
Your registration must be
done using your real name
and accurate information.
Each registration is for
your personal use only and
not on behalf of any other
person or entity. We do not
permit (a) any other person
using the registered
sections under your name; or
(b) access through a single
name being made available to
multiple users on a
network. You are
responsible for preventing
such unauthorized use.
| Errors, Corrections and
Changes |
We do not represent or
warrant that the Site will
be error-free, free of
viruses or other harmful
components, or that defects
will be corrected. Because
product pricing,
descriptions, features,
colors and availability
often change, we do not
represent or warrant that
any information available on
or through the Site will be
correct, accurate, timely or
otherwise reliable. We may
make changes to the pricing,
features, functionality or
content of the Site at any
time, without notice. We
reserve the right in our
sole discretion to edit or
delete any documents,
information or other content
appearing on the Site.
Third party content may
appear on the Site or may be
accessible via links from
the Site. We are not
responsible for and assume
no liability for any
mistakes, misstatements of
law, defamation, omissions,
falsehood, obscenity,
pornography or profanity in
the statements, opinions,
representations or any other
form of content on the
Site. You understand that
the information and opinions
in the third party content
represent solely the
thoughts of the author and
is neither endorsed by nor
does it necessarily reflect
our belief.
We reserve the right to
investigate complaints or
reported violations of this
Agreement and to take any
action we deem appropriate,
including but not limited to
reporting any suspected
unlawful activity to law
enforcement officials,
regulators, or other third
parties and disclosing any
information necessary or
appropriate to such persons
or entities relating to your
profile, email addresses,
usage history, posted
materials, IP addresses and
traffic information.
You agree to indemnify,
defend and hold us and our
partners, agents, officers,
directors, employees,
subcontractors, successors,
assigns, third party
suppliers of information and
documents, attorneys,
advertisers, product and
service providers, and
affiliates (collectively,
"Affiliated Parties")
harmless from any liability,
loss, claim and expense,
including reasonable
attorney's fees, related to
your violation of this
Agreement or use of the
Site.
Your right to use the Site
is not transferable or
assignable. Any password or
right given to you to obtain
information or documents is
not transferable or
assignable.
THE INFORMATION, CONTENT AND
DOCUMENTS FROM OR THROUGH
THE SITE ARE PROVIDED
"AS-IS," "AS AVAILABLE,"
WITH "ALL FAULTS", AND ALL
WARRANTIES, EXPRESS OR
IMPLIED, ARE DISCLAIMED
(INCLUDING BUT NOT LIMITED
TO THE DISCLAIMER OF ANY
IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE).
THE INFORMATION AND SERVICES
MAY CONTAIN BUGS, ERRORS,
PROBLEMS OR OTHER
LIMITATIONS. WE AND OUR
AFFILIATED PARTIES HAVE NO
LIABILITY WHATSOEVER FOR
YOUR USE OF ANY INFORMATION
OR SERVICE, EXCEPT AS
PROVIDED IN SECTION 17(b).
IN PARTICULAR, BUT NOT AS A
LIMITATION THEREOF, WE AND
OUR AFFILIATED PARTIES ARE
NOT LIABLE FOR ANY INDIRECT,
SPECIAL, INCIDENTAL OR
CONSEQUENTIAL DAMAGES
(INCLUDING DAMAGES FOR LOSS
OF BUSINESS, LOSS OF
PROFITS, LITIGATION, OR THE
LIKE), WHETHER BASED ON
BREACH OF CONTRACT, BREACH
OF WARRANTY, TORT (INCLUDING
NEGLIGENCE), PRODUCT
LIABILITY OR OTHERWISE, EVEN
IF ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
THE NEGATION AND LIMITATION
OF DAMAGES SET FORTH ABOVE
ARE FUNDAMENTAL ELEMENTS OF
THE BASIS OF THE BARGAIN
BETWEEN US AND YOU. THIS
SITE AND THE PRODUCTS,
SERVICES, DOCUMENTS AND
INFORMATION PRESENTED WOULD
NOT BE PROVIDED WITHOUT SUCH
LIMITATIONS. NO ADVICE OR
INFORMATION, WHETHER ORAL OR
WRITTEN, OBTAINED BY YOU
FROM US THROUGH THE SITE OR
OTHERWISE SHALL CREATE ANY
WARRANTY, REPRESENTATION OR
GUARANTEE NOT EXPRESSLY
STATED IN THIS AGREEMENT.
ALL RESPONSIBILITY OR
LIABILITY FOR ANY DAMAGES
CAUSED BY VIRUSES CONTAINED
WITHIN THE ELECTRONIC FILE
CONTAINING A FORM OR
DOCUMENT IS DISCLAIMED.
(a) We and any Affiliated
Party shall not be liable
for any loss, injury, claim,
liability, or damage of any
kind resulting in any way
from (a) any errors in or
omissions from the Site or
any services or products
obtainable there from, (b)
the unavailability or
interruption of the Site or
any features thereof, (c)
your use of the Site, (d)
the content contained on the
Site, or (e) any delay or
failure in performance
beyond the control of a
Covered Party.
(b) THE AGGREGATE LIABILITY
OF US AND THE AFFILIATED
PARTIES IN CONNECTION WITH
ANY CLAIM ARISING OUT OF OR
RELATING TO THE SITE AND/OR
THE PRODUCTS, INFORMATION,
DOCUMENTS AND SERVICES
PROVIDED HEREIN OR HEREBY
SHALL NOT EXCEED $100 AND
THAT AMOUNT SHALL BE IN LIEU
OF ALL OTHER REMEDIES WHICH
YOU MAY HAVE AGAINST US AND
ANY AFFILIATED PARTY.
We reserve the right, and
you authorize us, to the use
and assignment of all
information regarding Site
uses by you and all
information provided by you
in any manner consistent
with our Privacy Policy. All
remarks, suggestions, ideas,
graphics, or other
information communicated by
you to us (collectively, a
"Submission") will forever
be our property. We will not
be required to treat any
Submission as confidential,
and will not be liable for
any ideas (including without
limitation, product, service
or advertising ideas) and
will not incur any liability
as a result of any
similarities that may appear
in our future products,
services or operations.
Without limitation, we will
have exclusive ownership of
all present and future
existing rights to the
Submission of every kind and
nature everywhere. We will
be entitled to use the
Submission for any
commercial or other purpose
whatsoever, without
compensation to you or any
other person sending the
Submission. You acknowledge
that you are responsible for
whatever material you
submit, and you, not us,
have full responsibility for
the message, including its
legality, reliability,
appropriateness,
originality, and copyright.
| Public Forums and User
Submissions |
Flowerandmore.com is not
responsible for any material
submitted to the public
areas by you, which include
product reviews, bulletin
boards, hosted pages, chat
rooms, or any other public
area found on the website.
Any material (whether
submitted by you or any
other user) is not endorsed,
reviewed or approved by
Flowerandmore.com.
Flowerandmore.com
reserves the right to remove
any material submitted or
posted by you in the public
areas, without notice to
you, if it becomes aware and
determines, in its sole and
absolute discretion that you
are or there is the
likelihood that you may,
including but not limited to
- (a) Defame, abuse, harass,
stalk, threaten or otherwise
violate the rights of other
users or any third parties;
(b) Publish, post,
distribute or disseminate
any defamatory, obscene,
indecent or unlawful
material or information; (c)
Post or upload files that
contain viruses, corrupted
files or any other similar
software or program's that
may damage the operation of
Flowerandmore.com's and/or a
third party's computer
system and/or network; (d)
Violate any copyright, trade
mark, other applicable
United States or
international laws or
intellectual property rights
of Flowerandmore.com or any
other third party; (e)
Submit contents containing
marketing or promotional
material which is intended
to solicit business
You further agree not to use
the website to send or post
any message or material that
is unlawful, harassing,
defamatory, abusive,
indecent, threatening,
harmful, vulgar, obscene,
sexually orientated,
racially offensive, profane,
pornographic or violates any
applicable law and you
hereby indemnify
Flowerandmore.com against any
loss, liability, damage or
expense of whatever nature
which Flowerandmore.com or any
third party may suffer which
is caused by or attributable
to, whether directly or
indirectly, your use of the
website to send or post any
such message or material.
We may allow access to or
advertise certain
third-party product or
service providers
("Merchants") from which you
may purchase certain goods
or services. You understand
that we do not operate or
control the products or
services offered by
Merchants. Merchants are
responsible for all aspects
of order processing,
fulfillment, billing and
customer service. We are not
a party to the transactions
entered into between you and
Merchants. You agree that
use of or purchase from such
Merchants is AT YOUR SOLE
RISK AND IS WITHOUT
WARRANTIES OF ANY KIND BY
US, EXPRESSED, IMPLIED OR
OTHERWISE INCLUDING
WARRANTIES OF TITLE, FITNESS
FOR PURPOSE, MERCHANTABILITY
OR NON-INFRINGEMENT. UNDER
NO CIRCUMSTANCES ARE WE
LIABLE FOR ANY DAMAGES
ARISING FROM THE
TRANSACTIONS BETWEEN YOU AND
MERCHANTS OR FOR ANY
INFORMATION APPEARING ON
MERCHANT SITES OR ANY OTHER
SITE LINKED TO OUR SITE.
| Third-Party Merchant
Policies |
All rules, policies
(including privacy policies)
and operating procedures of
Merchants will apply to you
while on any Merchant sites.
We are not responsible for
information provided by you
to Merchants. We and the
Merchants are independent
contractors and neither
party has authority to make
any representations or
commitments on behalf of the
other.
You represent and warrant
that if you are purchasing
something from us or from
Merchants that (i) any
credit information you
supply is true and complete,
(ii) charges incurred by you
will be honored by your
credit card company, and
(iii) you will pay the
charges incurred by you at
the posted prices, including
any applicable taxes.
The
Site may include statements
concerning our operations,
prospects, strategies,
financial condition, future
economic performance and
demand for our products or
services, as well as our
intentions, plans and
objectives (particularly
with respect to product and
service offerings), that are
forward-looking statements.
These statements are based
upon a number of assumptions
and estimates which are
subject to significant
uncertainties, many of which
are beyond our control. When
used on our Site, words like
"anticipates," "expects,"
"believes," "estimates,"
"seeks," "plans," "intends,"
"will" and similar
expressions are intended to
identify forward-looking
statements designed to fall
within securities law safe
harbors for forward-looking
statements. The Site and the
information contained herein
does not constitute an offer
or a solicitation of an
offer for sale of any
securities. None of the
information contained herein
is intended to be, and shall
not be deemed to be,
incorporated into any of our
securities-related filings
or documents.
The Site contains links to
other Web sites. We are not
responsible for the content,
accuracy or opinions express
in such Web sites, and such
Web sites are not
investigated, monitored or
checked for accuracy or
completeness by us.
Inclusion of any linked Web
site on our Site does not
imply approval or
endorsement of the linked
Web site by us. If you
decide to leave our Site and
access these third-party
sites, you do so at your own
risk.
| Copyrights and Copyright
Agents |
We respect the intellectual
property of others, and we
ask you to do the same. If
you believe that your work
has been copied in a way
that constitutes copyright
infringement, please provide
our Copyright Agent the
following information:
(a) An electronic or
physical signature of the
person authorized to act on
behalf of the owner of the
copyright interest; (b) A
description of the
copyrighted work that you
claim has been infringed;
(c) A description of where
the material that you claim
is infringing is located on
the Site; (d) Your address,
telephone number, and email
address; (e) 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 (f) 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.
Our Copyright Agent for
Notice of claims of
copyright infringement on
the Site can be reached by
directing an e-mail to the
Copyright Agent at
info@flowerandmore.com
| Information and Press
Releases |
The Site contains
information and press
releases about us. We
disclaim any duty or
obligation to update this
information or any press
releases. Information about
companies other than ours
contained in the press
release or otherwise, should
not be relied upon as being
provided or endorsed by us.
You agree to comply with all
applicable domestic and
international laws,
statutes, ordinances and
regulations regarding your
use of the Site and the
Content and Materials
provided therein.
To the extent that you
purchase any goods or
services directly from us,
we will honor our return
policy. Please note,
however, that certain
products and services
mentioned on our site are
sold by third parties or are
linked to third party Web
sites, and we have no
responsibility or liability
for those products or
services. You may request a
return/refund and/or obtain
any additional information
concerning our refund and
return policy, including our
mailing address, by
contacting us at
info@flowerandmore.com.
This Agreement shall be
treated as though it were
executed and performed in
Beirut, Lebanon, and
shall be governed by and
construed in accordance with
the Lebanese Law (without regard to
conflict of law principles).
Any cause of action by you
with respect to the Site
(and/or any information,
Documents, products or
services related thereto)
must be instituted within
one (1) year after the cause
of action arose or be
forever waived and barred.
All actions shall be subject
to the limitations set forth
in the "Disclaimer" and
"Limitation of Liability"
policies. The language in
this Agreement shall be
interpreted as to its fair
meaning and not strictly for
or against any party. This
Agreement and all
incorporated agreements and
your information may be
automatically assigned by us
in our sole discretion to a
third party in the event of
an acquisition, sale or
merger. Should any part of
this Agreement be held
invalid or unenforceable,
that portion shall be
construed consistent with
applicable law and the
remaining portions shall
remain in full force and
effect. To the extent that
anything in or associated
with the Site is in conflict
or inconsistent with this
Agreement, this Agreement
shall take precedence. Our
failure to enforce any
provision of this Agreement
shall not be deemed a waiver
of such provision nor of the
right to enforce such
provision. Our rights under
this Agreement shall survive
any termination of this
Agreement.
Any
legal controversy or legal
claim arising out of or
relating to this Agreement
or our services, excluding
legal action taken by us to
collect or recover damages
for, or obtain any
injunction relating to, Site
operations, intellectual
property, and our services,
shall be settled solely by
binding arbitration in
accordance with the
commercial arbitration rules
of JAMS. Any such
controversy or claim shall
be arbitrated on an
individual basis, and shall
not be consolidated in any
arbitration with any claim
or controversy of any other
party. The arbitration
shall be conducted in
Beirut, Lebanon and judgment
on the arbitration award may
be entered into any court
having jurisdiction
thereof. Either you or us
may seek any interim or
preliminary relief from a
court of competent
jurisdiction in Beirut,
Lebanon necessary to protect
the rights or property of
you and us pending the
completion of arbitration.
Each party shall bear
one-half of the arbitration
fees and costs incurred
through JAMS.
|
