General Legal Policies
Hereafter, this website ellasflowerbasket.com shall be referred to as the "Site." This Site is owned and operated by Ella's Flower Basket, hereafter referred to as "we," "us," and/or "our."
Your use of this website is governed by these Terms and Conditions on this page, as well as our general Terms of Sale, Return, and Privacy Policies. All of our Policies are subject to change without notice; changes to these Policies are effective when posted on our Site. We thus ask that you review these Policies whenever you use this Site.
Your use of this Site constitutes your agreement to adhere to these Policies and be bound by them. If you do not agree with any of these Policies, please do not use this Site.
Copyright Notice
All Content posted on our Site, including, but not limited to, images, graphics, text, page design and/or titles, are, unless otherwise explicitly stated, subject to copyright and/or intellectual property rights held by Ella's Flower Basket. The Site as a collective whole is subject to copyright as a collective work under U.S. copyright laws.
The Content of this Site, and the Site as a whole, are intended solely for personal, noncommercial use by users of this Site. You are hereby granted the right to download, store, and/or print certain portions of the Content, provided you (1) only use such copies for your personal, noncommercial use, (2) do not copy or post the Content on any computer network or broadcast the Content in any form on any media, and (3) do not modify or alter the Content in any way, or delete or modify any copyright notice of ours.
You are not granted any rights, title, or interest in any material downloaded from our Site through your action of downloading such material. Ella's Flower Basket reserves complete title and full intellectual property rights and copyright for any Content you download from this Site.
Unless otherwise expressly stated above, you may not download, copy, reproduce, modify, publish, distribute, transmit, transfer, or create derivative works from the Content of this Site without first obtaining the express written consent of Ella's Flower Basket.
Submissions to Us
Any communication, including, but not limited to, notes, messages, ideas, feedback, and/or concerns, sent to Ella's Flower Basket in any media shall hereafter be referred to collectively as "Comments. " These Comments, upon our receipt of them, shall become and shall remain the exclusive property of Ella's Flower Basket. Your submission of any such Comments constitutes an agreement to transfer to us any rights, titles, and/or interests in all applicable copyrights and other intellectual property rights in the submitted Comments. We will be entitled to use any material(s) you submit to us in any way, including, but not limited, to reproduction, modification, publication, and/or distribution, for any purpose, without restriction and without any obligation whatsoever to compensate you in any way. Therefore, it is in your best interest that you do not submit to us any Comment(s) you do not wish to assign to us in the manner described above, including, but not limited, to any original creative works, images, original artwork, product ideas, and/or computer code.
Statement Regarding the Display of Colors
We make every effort to present as accurate a display as possible of the color(s) of our products shown on this Site. Nevertheless, because the exact colors which you see will depend on your computer monitor, we cannot guarantee that your monitor's display of any product's color(s) will be completely accurate. Thus, any assumptions which you decide to make about the color(s) of our products are entirely at your own risk.
Correction of Errors
The information contained and displayed on this Site may at times contain typographical errors, omissions, or other inaccuracies, and also may not always be complete and/or current. Hence, we reserve the right to correct any such errors and to change, update, or add information at any time without prior notice. Such errors, inaccuracies, or omissions may relate to, but are not limited to, product descriptions, pricing, availability, and/or quantity. We apologize for any inconvenience this may cause you. We will make every effort to work with you to resolve any issues that may arise from such errors, inaccuracies, or omissions. Additional restrictions may apply. Please see our Return Policy for other details.
Important Disclaimers
THE ellasflowerbasket.com SITE IS OWNED AND OPERATED BY Ella's Flower Basket, ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULL EXTENT PERMITTED BY LAW, Ella's Flower Basket DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THIS SITE AND ITS CONTENTS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR USE.
WITHOUT LIMITING THE FOREGOING, Ella's Flower Basket DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OFFERED ON THIS SITE. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF THE ITEM.
WITHOUT LIMITING THE FOREGOING, Ella's Flower Basket DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ON THIS SITE IS ACCURATE, COMPLETE, RELIABLE, USEFUL, TIMELY OR CURRENT OR THAT THIS SITE WILL OPERATE WITHOUT INTERRUPTION OR ERROR.
WITHOUT LIMITING THE FOREGOING, Ella's Flower Basket DISCLAIMS ANY LIABILITY AS TO THE ACCURACY OR COMPLETENESS OF EACH ITEM DESCRIPTION.
Ella's Flower Basket DOES NOT ENDORSE NOR MAKE ANY WARRANTIES OR REPRESENTATIONS ABOUT THE OPTIONS OR OTHER SERVICE OR DATA YOU MAY ACCESS, DOWNLOAD OR USE AS A RESULT OF THE USE OF THE INFORMATION CONTAINED ON THIS SITE, OR ABOUT ANY SITE YOU MAY ACCESS THROUGH THIS SITE. LINKS TO OTHER SITES ARE PROVIDED FOR CONVENIENCE ONLY. YOU NEED TO MAKE YOUR OWN DECISIONS REGARDING YOUR INTERACTIONS OR COMMUNICATIONS WITH ANY OTHER WEBSITE.
Ella's Flower Basket ASSUMES NO RISK OR RESPONSIBILITY FOR YOUR USE OF ANY OF THE CONTENT PROVIDED ON THIS SITE.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, SHALL Ella's Flower Basket OR ANY OF THEIR EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THIS SITE.
THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS), WHETHER IN CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF Ella's Flower Basket HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
IF YOU ARE DISSATISFIED WITH THIS WEBSITE OR ANY CONTENT ON THE SITE, OR WITH THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE RECOURSE IS TO DISCONTINUE USING THIS SITE. YOU ACKNOWLEDGE, BY YOUR USE OF THIS WEBSITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF Ella's Flower Basket UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).
ENFORCEMENT OF TERMS AND CONDITIONS
BY ACCESSING AND USING THE ellasflowerbasket.com SITE, YOU AGREE THAT YOUR ACCESS TO AND USE OF THIS SITE IS SUBJECT TO THESE TERMS AND CONDITIONS, AS WELL AS ALL APPLICABLE LAWS, AS GOVERNED AND INTERPRETED PURSUANT TO THE LAWS OF THE COMMONWEALTH OF MASSACHUSETTS, UNITED STATES OF AMERICA.
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