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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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