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Privacy Notice Privacy Notice

Acceptance of Terms:

Welcome to the Thistle Dew Floral Web Site (the "Site"). Hereafter, Thistle Dew Floral will be referred to as the "Company" The following are the basic terms and conditions that govern your use of and purchase of products from our Site. Please note that your use of our Site constitutes your agreement to follow and be bound by these terms. If you do not agree to this Website Agreement and Terms of Use (this "Agreement"), please exit the Site immediately and do not use or purchase products from our Site.

Company reserves the right to change this Agreement or terminate access to this Site at any time, with or without notice. Your use of our Site after such a change constitutes acceptance of the most current version of this Agreement.

Ownership, Copyright, and Trademark Matters:

This Site is owned and operated by Thistle Dew Floral, a division of Thistle Dew Farms, Inc. Unless stated otherwise, all of the content contained on the Site (including, but not limited to, text, images, descriptions and designs) is the intellectual property of Thistle Dew Farms, Inc. or its subsidiaries or Divisions (collectively, "Company") and is intended only for use on our Site. Accordingly, Company owns the copyright in all information or materials provided here unless stated otherwise. No material from this Site may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any manner or form except as explicitly provided below. Modification of the materials or use of the materials for any purpose other than those purposes explicitly permitted below is a violation of Company's copyright and/or other proprietary rights. The use of any materials from this Site on any other website or networked computer environment is prohibited.

The trademarks and service marks ("Trademarks") used or displayed on this Site are unregistered Trademarks of Company, unless otherwise noted. Nothing in this Site should be construed as granting -- by implication, estoppel, or otherwise -- any license or right to use any Trademarks displayed on the site without the prior express written permission of Company or the trademark owner. The name "Thistle Dew Floral" or "Thistle Dew Farms", or Company's logos may not be used in any way without Company's prior written consent. You may not use Company's logos as a "hot" link to any other site unless the establishment of such a link is approved by Company in advance and in writing.

Users of this Site are permitted to download one copy of the information in this Site for personal, noncommercial use. This limited, revocable privilege to use the content in no way constitutes a transfer of title or right to use the content in any improper way or for any commercial purpose whatsoever. You may not, under any circumstances, (a) modify the information on this Site or use it for any commercial purpose, or any public display, performance, sale or rental; (b) decompile, reverse engineer, or disassemble the information; (c) remove any copyright, trademark registration, or other proprietary notices from the information; or (d) transfer the information to another person.

Content:

Any materials submitted by users of our Site, including but not limited to e-mail, postcards, discussion submissions, and traditional mail become the sole property of Company. Users are prohibited from submitting content to this Site that is, or may be, illegal, threatening, obscene, harassing, defamatory or injurious to third parties. Company will not tolerate solicitations, spamming, chain letters or software viruses on the Site. In addition, we ask that you not send us creative ideas, designs, arrangements, or similar materials. Any materials you do provide or submit to Company will be the property of Company, and Company reserves the right to use any such material submitted as well as the right not to use that material. Content submitted by users of the site might be posted in whole or in part to the Company site. Company reserves the right to edit materials presented by users.

Product Detail

Description- Products are described as accurately and appropriately as possible in order to ensure that a customer understands the product they are ordering.

Color- Colors are represented as realistically as possible, but color variations of product images are outside of the control of Company because software, hardware and Internet connections can alter the appearance of colors..

Corrections

While we make every effort to ensure the accuracy of product and price information, errors do occasionally occur. We reserve the right to correct any errors or inaccuracies at any time. We apologize for any inconvenience this may cause.

Payment Terms

All orders are subject to acceptance and approval by a Company representative. After an order is accepted and approved by a Company representative, the order cannot be reduced in content or price, but may be increased, with sufficient notice to Company.

All orders shall be paid by credit card or check. Because we begin performing work and also purchase materials upon acceptance of an order, cancellation of an order needs to be written and sent to Thistle Dew Floral, 635 SW Western Blvd., Corvallis, Oregon 97333. Canceling your order before 30 days of SHIP DATE entitles you to a credit of 50% of your total invoice. This will be refunded to you within 2 weeks of receiving cancellation notice. Credits will no be given for cancellations within 30 days of SHIP DATE. Company makes every effort to ship your order approximately 30 days prior to the wedding date.

In the event the charges to your credit card are reversed, and your account is placed in the hands of an attorney for collection, you agree to pay all collection costs and attorney fees incurred by Company whether or not suit or action is instituted. If any arbitration, mediation, or other proceeding is brought in lieu of litigation, or if suit or action is instituted to collect the account, the party not prevailing shall pay the prevailing party's costs disbursements, the fees and expenses of expert witnesses in determining reasonable attorney fees, and such sums as the court may determine to be reasonable for the prevailing party's attorney fees incurred prior to trial, and connected with the trial and any appeal thereof.

Risk of Loss

All items purchased from Company are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

WARNING

The products and materials advertised on this Site are not for human or animal consumption. Any ingestion may cause illness. You should take precautions to see that humans or animals do not consume the products you purchase.

Disclaimer and Limitation of Liability

THE MATERIALS SOLD AND INFORMATION YOU FIND ON THIS SITE ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, SERVICES, OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THIS SITE AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, EXPECTATIONS OF PRIVACY OR NON-INFRINGEMENT.

This disclaimer applies to any damages or injury caused by any failure of performance, error, omission, deletion, defect, computer virus, act of God, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence, or under any other cause of action.

Under no circumstances, including, but not limited to, negligence, shall Company be liable for any special or consequential damages that result from the use of, or the inability to use, the materials in this Site, even if Company or a Company authorized representative has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall Company's total liability to you for all damages, losses, and causes of action (whether in contract, tort, or otherwise) exceed the amount paid by you, if any, for accessing this Site.

Applicable Law; Contract Interpretation

Company's principal place of business is in Oregon, and Company operates this Site from its offices in Oregon. The laws of the State of Oregon apply to this Agreement, without regard to conflicts of laws principles. If any provision of this Agreement is ruled to be unlawful, void, or otherwise 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 you and Company relating to the subject of this Site.

Indemnity

You agree to defend, indemnify, and hold harmless Company, its officers, directors, employees, and agents from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, arising from your use of this Site or your breach of the terms of this Agreement. Company shall provide notice to you promptly of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding.

Dispute Resolution

Any dispute arising with respect to this Agreement shall be resolved by negotiation between the parties or, if necessary, by resort to an appropriate state court located in Corvallis, Oregon. You expressly waive and are estopped from asserting any right to pursue any claim against Company relating to this Agreement in any forum or venue located outside of Corvallis, Oregon, in the event of the filing of any such claim, you stipulate to the transfer of the filing to any appropriate or available forum or court in Corvallis, Oregon, at Company's sole discretion.

Prices

The prices on the site will not necessarily match prices in Company's catalogs or retail outlets. The prices on the site are valid only on the site and cannot be matched over the phone or in retail outlets. That means if the site has a promotion, that promotion can only be received on the site and will not be honored over the phone.

Other Sites

The Site may provide links to other sites (i.e. advertisers, affiliate partners, strategic partners or others). We are not responsible for examining or evaluating, and we do not warrant the products or offerings of, any of these businesses or individuals or the accuracy or content of their Web sites. Company does not assume any responsibility or liability for the actions, product, and content of any such sites. Before you use any site you should review the applicable conditions of use and policies. The inclusion of a link in this Site does not imply Company's endorsement of the site. If you decide to access linked third-party websites, you do so at your own risk.

Privacy Policy

Company collects the following information from customers that order from the site: name, shipping address, billing address, e-mail address and credit card information. This information is collected in order to fulfill orders placed online. This information might also be used to send customers information about products and services offered on the site or by the Company. This information may be sent via e-mail or the postal service.

Users of the site can have access to the information that Company collects in the "My Account" section of the site and can correct any inaccuracies.

Security of Personal Information/ Credit Card Information

Providing a secure site is essential for your peace of mind and trust in Company. We have installed the latest encryption software conforming to the Secure Socket Layers (SSL) protocol to safeguard all of the information you send to us. Even if you decide to save your credit card information on this site for future purchases, there is no risk because the numbers are never transmitted or stored as text.

 

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