SITE TERMS OF SERVICE
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ABBY GARDEN LLC SITE TERMS OF SERVICE
Effective Date: August 1, 2019
BY VISITING http://www.abbygarden.com/ and/or PURCHASING PRODUCTS FROM http://www.abbygarden.com/ YOU ARE CONSENTING TO OUR TERMS OF SERVICE (the “Terms of Service”).
OVERVIEW –
The terms “we”, “us”, and “our” refer to Abby Garden LLC (the “Company”). The term the “Site” refers to http://www.abbygarden.com/ or The Abby Garden Website.
The term “user,” “you” and “your” refers to site visitors, customers and any other users of the site.
On the Site we provide: flowers, plants, design, delivery, wedding setup and breakdown services, as well as, wedding, florist and garden education and tips. (the “Service.”)
Use of the Site, including all materials presented herein and all online services provided on the Site, whether made available for purchase or not, is subject to the following Terms of Service. These Terms of Service apply to all site visitors, customers, and all other users of the site. By using the Site or Service, you agree to these Terms of Service, without modification, and acknowledge reading them.
USE OF THE SITE AND SERVICE –
To access or use the Site, you must be 18 years or older and have the requisite power and authority to enter into these Terms of Service. Children under the age of 18 are prohibited from using the Site.
LAWFUL PURPOSES –
You may use the Site and Service for lawful purposes only. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate purposes only. You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law.
DELIVERY –
You agree to pay all required fees for delivery during the “checkout” process. It is upon your discretion that you select the correct delivery option for your order. The Company reserves the right to increase payment needed to fulfill order if you enter incorrect delivery information. We will deliver to ONE location only. If we are not given permission to leave the order, someone must be present to receive Product(s). If someone is not present to receive Product(s), one more attempt will be made after contacting you to reschedule. After the second attempt to deliver, your order will be forfeited and no refund will be issued. BLACK OUT DATES MAY APPLY for any order placed with the Company.
SUBJECT TO AVAILABILITY –
Vases, Vessels, Flower/Plant Types & Flower/Plant Colors may be different than photographed. While we will do our absolute best to honor any special requests, you agree that all Product(s) in shop are subject to availability and are ultimately Designer’s Choice.
ACCOUNT CREATION –
In order to use the Service, you may be required to provide information about yourself including your name, email address, username and password and other personal information. You agree that any registration information you provide on the Site will always be accurate, correct and up to date. You must not impersonate someone else or provide account information or an email address other than your own. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws.
REFUSAL OF SERVICE –
We reserve the right to refuse service to any person or entity, without the obligation to assign reason for doing so. No request is deemed accepted by us until payment has been processed. We may at any time change or discontinue any aspect or feature of the Site or Service, subject to us fulfilling our previous responsibilities to you based on acceptance of your payment. If we choose to refuse your request after payment has been processed, we will refund your money.
CONFIRMATION –
We will email you to confirm the placement of your request on this Site to the email address provided at time of purchase.
ERRORS, INACCURACIES, AND OMISSIONS –
Information provided on the Site is subject to change. Company makes no representation or warranty that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current or error-free. Company disclaims all liability for any inaccuracy, error or incompleteness in the Content.
OUR INTELLECTUAL PROPERTY –
The Site and Service contain intellectual property owned by Company, including, without limitation, trademarks, copyrights, proprietary information and other intellectual property as well as the Company name, logo, all designs, text, graphics, other files, and the selection and arrangement thereof, also termed the “look and feel.” You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Site, Service, Content or intellectual property, in whole or in part without our prior written consent. We reserve the right to immediately remove you from the Site and Service, without refund, if you are caught violating this intellectual property policy.
CHANGED TERMS –
We reserve the right to update any portion of our Site and Service, including these Terms of Service at any time. Such amendments are effective immediately upon notice to you by us posting the new Terms of Service on this Site. If you have provided us your email address, we will also email you to let you know of material amendments to our Terms of Service. Any use of the Site or Service by you after an amendment is made means you accept these amendments. We will post the most recent versions to the Site and list the effective dates on the pages of our Terms of Service.
OUR PRIVACY POLICY –
Please review our Privacy Policy located at http://www.abbygarden.com/privacy-policy.
Effective Date: August 1, 2019
Updated to be GDPR compliant on August 1, 2019
LIMITATION OF LIABILITY –
YOU AGREE THAT UNDER NO CIRCUMSTANCES WILL The Company be liable for any indirect, special, consequential, or punitive damages (including lost profits) arising out of or relating to these Terms of service or the transactions it contemplates (whether for breach of contract, tort, negligence, or other form of action) and irrespective of whether the Company has been advised of the possibility of any such damage. In no event will the Company’s liability exceed the price the Customer paid to the Company for the specific Products /services provided by the Company giving rise to the claim or cause of action. AND IF NO PURCHASE HAS BEEN MADE BY YOU, COMPANY’S CUMULATIVE LIABILITY TO YOU SHALL NOT EXCEED $100.
THIRD PARTY RESOURCES –
The Site and the Service contain links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content or policies of third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with the Site. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. Some of our links are affiliate or paid, and we earn money for clicks to those sites or purchase of those products.
INDEMNIFICATION –
You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments and expenses, as well as third party claims and causes of action, including, without limitation, attorneys’ fees, arising out of any breach by you of any of these Terms of Service, or any use by you of the Site or Service. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defense without our prior written consent.
EFFECT OF HEADINGS –
The subject headings of the paragraphs of the Terms of Service are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
ENTIRE AGREEMENT; WAIVER –
The Terms of Service constitutes the entire agreement between you and Company pertaining to the Site and Service and supersedes all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of the Terms of Service by Company shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by Company.
GOVERNING LAW; VENUE; MEDIATION –
The Terms of Service shall be governed by the laws of the State of Maine, and any disputes arising from it must be handled exclusively in the federal and state courts located in County of Cumberland, Maine. We agree to attempt to resolve any dispute, claim or controversy arising out of or relating to the Terms of Service by mediation, which shall be conducted under the then current mediation procedures of The CPR Institute for Conflict Prevention & Resolution or any other procedure upon which the parties may agree. We further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration or other dispute resolution procedures.
RECOVERY OF LITIGATION EXPENSES –
If any legal action or any arbitration or other proceeding is brought for the enforcement of the Terms of Service, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of the Terms of Service, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys’ fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
SEVERABILITY –
If any term, provision, covenant, or condition of the Terms of Service is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Terms of Service shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
ASSIGNMENT –
These Terms of Service bind and inure to the benefit of the parties’ successors and assigns. These Terms of Service are not assignable, delegable, sub-licensable or otherwise transferable by You. Any transfer, assignment, delegation or sublicense by user is invalid.
If you have any questions about these terms & conditions, please contact us at: