Terms and Conditions

TERMS OF USE

Mosley’s Flowers WEBSITE TERMS OF USE

I. Use of this Website (mosleysflowers.com)

By entering, accessing and/or using the Mosleysflowers.com website ("website"), you accept and agree to be bound by these terms of use ("terms"). The term "user(s)" in these terms refers to visitors who simply browse the website and those who register with the website. Acceptance of these terms created a binding contract between you and Mosley’s Flowers the owner of the website. Your use of the website and the Mosley’s Flowers products and personalization services (collectively, "service(s)") is entirely conditioned on and subject to your compliance with these terms. If you do not agree to these terms, then you should leave the website and discontinue use of the services immediately. Please read these terms carefully and thoroughly, as they create a binding contract.

II. Limited License

Subject to the terms stated herein, Mosley’s Flowers grants you a limited, revocable, and nonexclusive license to the access and use the website and service for personal, non-commercial use only. The terms do not authorize you to collect, aggregate, copy, duplicate, reproduce, transmit, display, produce, perform, distribute, sell, license, or create derivative works of any portion of the website and service, without the express written permission of Mosley’s Flowers. Moreover, you are not authorized to compile or republish the content in any form. You agree to not decompile, disassemble, reverse engineer, or otherwise attempt to discover the source code for this website and service. In addition, you shall not use robots, spiders, and manual or automated software or scripts, or data mining or similar data extraction tools to access, scrape, crawl or spider the website. A limited exception to the prohibition is granted to internet search engines and non-commercial archives.

III. Intellectual Property Rights

The website contains intellectual property rights owned by Mosley’s Flowers and any unauthorized use of the website may violate or infringe upon the intellectual property rights of Mosley’s Flowers or a third party. Specifically, Mosley’s Flowers owns the Mosley’s Flowers name, trademarks and logos, as well as other protected trademarks. You agree to not use the Mosley’s Flowers marks without written permission from Mosley’s Flowers. Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs and written and other materials that are part of this site (collectively, the "contents") are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by Mosley’s Flowers, and are protected by U.S. and international copyright laws and treaties.

The compilation (meaning the collection, arrangement, and assembly) of all content on this site is the exclusive property of Mosley’s Flowers and is also protected by U.S. and international copyright laws. All photographs, including photographic previews, are owned exclusively by Mosley’s Flowers and, if there is any dispute about ownership, by accessing and using this website and its services, you agree to assign any such rights to Mosley’s Flowers. If you breach any of these terms or otherwise infringe upon any intellectual property rights, then your authorization to use the website and the license granted herein is automatically terminated.

IV. Age Requirements/Eligibility

You affirm that you are over the age of eighteen (18), as the service and this website are not intended for individuals under the age of 18. You affirm that you are able to enter into terms, abide by and comply with these terms. If you are under 18 years of age, then please do not use the service and access this website.

V. Rules of Conduct for Users

By accessing this website or using this service, you represent and warrant that you will abide by and comply with the terms contained herein, including the following rules of conduct for users:

· You shall use the website at your own risk.

· While not condoned or allowed under these terms, the website may contain material you feel is offensive or inappropriate material, and you are solely responsible for such exposure.

· The website may not be used for any illegal or unauthorized purpose, and you agree to comply with all applicable laws regarding online conduct and acceptable content.

· You shall not take any action on the website that would disrupt, damage, or harm the service.

· If you are a registered user, then you are solely responsible for your account, including any activity undertaken under your username and password, including the management of any saved credit cards which may be used to make purchases on the website. You agree to notify Mosley’s Flowers promptly if there is an unauthorized use or access to your account, or any other breach of security.

· You alone are responsible for your conduct and materials or content you submit, display or post on the service.

· You shall not use the service to process prohibited content. Prohibited content includes content or other material that Mosley’s Flowers believes:

o Is abusive, deceptive, pornographic, obscene, defamatory, slanderous, offensive, or otherwise inappropriate

o Contains copyrighted material used without written permission of the owner

o Violates or otherwise encroaches on the rights of others

o Advocates illegal activity

o Harms anyone, including minors

o Provides a link to any of the above

· You are not allowed to harvest, create, send or distribute any unwanted or unsolicited email or communications to users, or otherwise violate any anti-spamming laws.

· The collection and harvesting of private or personally identifiable information is strictly prohibited.

· If applicable, you agree to abide by the consumer review policy.

· Mosley’s Flowers also reserves the right to cancel your order should it be deemed inappropriate in terms of language, content, or material.

VI. Use of Website and Services at own risk

You are solely responsible for your actions on the website and service, and for any content that is submitted, accessed, downloaded, linked to, or retrieved from or through the website or service. You expressly agree that you bear all risk related to your use of the website and service.

VII. No Warranty

To the extent local law does not allow limitations on warranties, this provision may not apply in its entirety. Use of this website and service is at your own risk. The website and service are provided "as-is." Mosley’s Flowers, and its officers, directors, employees, affiliates, and agents ("Mosley’s Flowers parties") expressly disclaim any and all representations and warranties, whether express or implied, statutory or otherwise, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and ownership. Mosley’s Flowers parties do not represent or warrant the accuracy, reliability, timeliness, or completeness of the website or service or that the website and service are free from any viruses, errors, bugs or other harmful components.

VIII. Linking to Third-Party websites

The website may contain links to third-party websites that are not owned, controlled, endorsed or sponsored by Mosley’s Flowers. Mosley’s Flowers makes no representations or warranties regarding the content on these websites. These websites also contain different terms and conditions and privacy policies, and by visiting these websites you accept any and all risk.

IX. General Contractual Clauses

· Privacy: Mosley’s Flowers does not rent, sell, or otherwise provide your personally identifiable information for third-party marketing or solicitation purposes. The Mosley’s Flowers privacy policy is incorporated herein by reference, and may be accessed and read at: privacy policy.

· Limitation of liability: to the extent your local law does not allow the limitation of liability, then this provision may not apply in its entirety. To the fullest extent provided under the law, Mosley’s Flowers, including its officers, directors, employees, affiliates, and agents have no obligation or liability to you or any third party, whether arising in contract, warranty, tort, (including negligence, product liability, or otherwise) for any direct, indirect, incidental, exemplary, punitive, special, or consequential damages (including any loss of data, revenue or profit) arising out of or with your use of this service, the website, any content submitted by you or any content submitted by other users, registered or not, even if you have been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, the company's liability to you for any cause of action whatsoever, and regardless of the action, will at all times be limited to injunctive relief only, and you are not entitled to damages of any kind, unless otherwise permitted by law.

· Indemnification: you agree to indemnify, defend, and hold Mosley’s Flowers, and its officers, directors, subsidiaries, affiliates, parents, assigns, agents, service providers, suppliers, and employees, harmless from and against any and all losses, claims, liabilities, demands, including reasonable attorneys' fees and costs, made by any third party arising out of or related to your use of the website or service, including but not limited to any content submitted by you, your violation of these terms, any damage you caused to another, your breach of the representations and warranties, and the violation of the rights of another. These obligations survive these terms and your use of the site.

· Assignment: users may not assign, convey, or otherwise transfer their rights under these terms; however, Mosley’s Flowers may assign, convey or transfer without any restriction or notice.

· Termination: your access and use of the website and service is at the sole discretion of Mosley’s Flowers. Mosley’s Flowers may remove any content and/or terminate your access without notice for any reason, and Mosley’s Flowers is not liable for any such termination.

· Miscellaneous provisions

o Governing law/venue: these terms shall be governed by and construed in accordance with the laws of the State of Ohio. The State and Federal Courts in Ohio shall be the exclusive forum and venue for any disputes that arise under or are related to these terms. You hereby consent to personal jurisdiction in Ohio.

o Amendment: Mosley’s Flowers is free to alter, amend, or change these terms at any time without notice. The amendments will be prospective only. You are encouraged to review these terms from time-to-time because they may change without notice, and your use of the website and service is governed by the terms in place at that time.

o Entire agreement: these terms reflect the entire agreement between you and Mosley’s Flowers. You may be subject to additional terms and conditions when you submit, download, access, or use third-party content.

o Enforcement: the failure to enforce any term is not a waiver of such term. Regardless of any statute, law, or regulation to the contrary, any claim, demand, or cause of action related to the website, service or the terms must be filed within one year after the date it arose, otherwise it will be barred.

o Anyone who places an order on Mosley’s Flowers can check out as a guest customer.  At the point of order submission, each guest customer will get the option to “Convert to Account” each time.  Even though guest customers may never choose to officially create an account with Mosley’s Flowers, all of the guest orders placed are assigned an account number in the database of our website.  Guest orders placed using the same email address are actually assigned to the same account number in the database of our website. We do this so that all guest’s orders placed can be kept together in our system, in the event a guest customer ever wanted to convert their guest account to a customer account.  Assigning an account number to every customer is also required by the integration we utilize that keeps data synchronized between our website and our internal IT systems.

If any provision or sections of these terms is found to be invalid by a court of competent jurisdiction, then parties agree that the court should endeavor to give effect to the intent of the parties, and the remaining provisions or section remain in full force and effect.

For more information about Mosley’s Flowers or these terms, please contact Mosley’s Flowers.