Terms of Use
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User Conduct You agree to use the Site only for lawful purposes and in a manner consistent with all applicable laws and regulations. You further agree not to:
- Impersonate any person or entity or falsely state or misrepresent your affiliation with any person or entity.
- Interfere with or disrupt the operation of the Site or servers or networks connected to the Site.
- Attempt to gain unauthorized access to the Site, other user accounts, or any computer systems or networks connected to the Site through hacking, password mining, or any other means.
- Engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Site, or which, as determined by us, may harm PetalPicks or users of the Site, or expose them to liability.
- Third-Party Links The Site may contain links to third-party websites or resources. These links are provided solely for your convenience and do not constitute an endorsement by PetalPicks of the content on such third-party websites. We are not responsible for the content of linked third-party websites and make no representations regarding the content or accuracy of materials on such third-party websites. If you decide to access linked third-party websites, you do so at your own risk.
- Termination We reserve the right to terminate or suspend your access to all or part of the Site without notice, for any reason, including without limitation, breach of these Terms of Use. Upon termination, your right to use the Site will immediately cease.
- Disclaimer of Warranties The Site is provided on an "as is" and "as available" basis, without any warranties of any kind, either express or implied. PetalPicks disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the functions contained in the Site will be uninterrupted or error-free, that defects will be corrected, or that the Site or the server that makes it available are free of viruses or other harmful components.
- Severability If any provision of these Terms of Use is found to be invalid, illegal, or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way.
- Entire Agreement These Terms of Use constitute the entire agreement between you and PetalPicks regarding your use of the Site and supersede all prior or contemporaneous understandings and agreements, whether written or oral, regarding the subject matter.
- Waiver No waiver by PetalPicks of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of PetalPicks to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
- Acceptance of Terms These Terms of Use govern your use of the Site. By accessing or using the Site, you agree to be bound by these Terms of Use and all terms incorporated by reference. If you do not agree to all of these terms, do not access or use the Site.
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Use of the Site You may use the Site for lawful purposes only and in accordance with these Terms of Use. You agree not to use the Site:
- In any way that violates any applicable federal, state, local, or international law or regulation.
- To transmit, or procure the sending of, any advertising or promotional material without our prior written consent.
- To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Site, or which, as determined by us, may harm PetalPicks or users of the Site, or expose them to liability.
- Intellectual Property Rights The Site and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by PetalPicks, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
- Limitation of Liability In no event shall PetalPicks, its affiliates, or their respective directors, officers, employees, or agents be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, arising out of or in connection with your access to or use of, or inability to access or use, the Site.
- Indemnification You agree to defend, indemnify, and hold harmless PetalPicks, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Site.
- Governing Law These Terms of Use and any dispute or claim arising out of, or related to them, shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule.
- Changes to Terms of Use We reserve the right, at our sole discretion, to modify or replace these Terms of Use at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
- Feedback We welcome your feedback, comments, suggestions, and ideas regarding the Site ("Feedback"). By submitting Feedback to PetalPicks, you acknowledge and agree that: (a) your Feedback does not contain confidential or proprietary information; (b) PetalPicks is not under any obligation of confidentiality, express or implied, with respect to the Feedback; (c) PetalPicks shall be entitled to use or disclose (or choose not to use or disclose) such Feedback for any purpose, in any way, and in any media worldwide; (d) PetalPicks may have something similar to the Feedback already under consideration or in development; (e) your Feedback automatically becomes the property of PetalPicks without any obligation of PetalPicks to you; and (f) you are not entitled to any compensation or reimbursement of any kind from PetalPicks under any circumstances.
- Geographic Restrictions PetalPicks is based in the United States. We make no claims that the Site or any of its content is accessible or appropriate outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
- Compliance with Laws You agree to comply with all applicable laws regarding your use of the Site. You further agree that information provided by you is truthful and accurate to the best of your knowledge.
- Headings The headings in these Terms of Use are for convenience only and shall not affect the interpretation of these Terms of Use.
- Relationship No joint venture, partnership, employment, or agency relationship exists between you and PetalPicks as a result of these Terms of Use or your use of the Site.
- Force Majeure PetalPicks shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond PetalPicks's reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation.
- Interpretation Any ambiguities in the interpretation of these Terms of Use shall not be construed against the drafting party.
- Arbitration Any controversy or claim arising out of or relating to these Terms of Use or the breach thereof shall be settled by binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitration shall be conducted in the English language in Los Angeles, California, unless otherwise agreed by the parties. Each party shall bear its own costs and expenses of arbitration, including legal and filing fees, and shall share equally the fees and expenses of the arbitrator(s).
- Equitable Relief You acknowledge and agree that any breach or threatened breach of these Terms of Use by you may cause PetalPicks irreparable harm, for which monetary damages would be inadequate, and that PetalPicks shall be entitled to seek injunctive or equitable relief (without the obligation to post any bond or surety) in addition to any other remedies available to it at law or in equity.
- Entire Agreement These Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and PetalPicks regarding the Site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Site.
- Contact Us If you have any questions about these Terms of Use, please contact us at [email protected].
- Acknowledgment By using the Site, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use.