Last
Updated: 12/14/2006
Conditions
of Use
Fairhaven Florist welcomes you to our web
site located at www.fairhavenmemorial.com/zencart
( the “Web Site”). The goal of the Web Site
is to provide
access to our wide selection of floral and gift products and services,
to as
wide an audience as possible. To ensure a safe, pleasant environment
for all of
our users, we have established these Conditions of Use. In this way,
you will
know what you can expect from us and what we expect from you.
Note: You must be 18 years or older to use or register at the Fairhaven
Florist
web site.
BY ACCESSING ANY AREAS OF THE WEB SITE
YOU AGREE TO BE LEGALLY BOUND, AND TO ABIDE BY, THESE CONDITIONS OF USE.
Ownership
Fairhaven Florist and the Web Site are owned by FRA, LLP with offices
at Fairhaven
Memorial Park & Mortuary,
Disclaimers
and Limitation of Liability
YOU EXPRESSLY AGREE THAT USE OF THE
FAIRHAVEN FLORIST IS PROVIDED ON AN "AS IS," "AS AVAILABLE"
BASIS AND THE COMPANY SPECIFICALLY DISCLAIMS WARRANTIES OF ANY KIND,
EITHER
EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE
OR
IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE. NO
ORAL ADVICE OR WRITTEN OR ELECTRONICALLY DELIVERED INFORMATION GIVEN BY
THE
COMPANY OR ITS AFFILIATES, OR ANY OF ITS OFFICERS, DIRECTORS,
EMPLOYEES,
AGENTS, PROVIDERS, MERCHANTS, SPONSORS, LICENSORS, OR THE LIKE, SHALL
CREATE
ANY WARRANTY.
UNDER NO CIRCUMSTANCES SHALL THE COMPANY OR ANY OTHER PARTY INVOLVED IN
CREATING, PRODUCING, OR DISTRIBUTING FAIRHAVEN FLORIST BE LIABLE FOR
ANY
DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES,
INCLUDING
WITHOUT LIMITATION, LOST PROFITS THAT RESULT FROM THE USE OF OR
INABILITY TO
USE FAIRHAVEN FLORIST, INCLUDING BUT NOT LIMITED TO RELIANCE BY YOU ON
ANY INFORMATION
OBTAINED FROM FAIRHAVEN FLORIST OR THAT RESULT FROM MISTAKES,
OMISSIONS,
INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES,
DELAYS IN
OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR
NOT
RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION,
OR
UNAUTHORIZED ACCESS TO THE COMPANY'S RECORDS, PROGRAMS, OR SERVICES.
YOU HEREBY
ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT,
MERCHANDISE, AND
SERVICES AVAILABLE THROUGH FAIRHAVEN FLORIST BECAUSE SOME STATES DO NOT
ALLOW
THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR
INCIDENTAL
DAMAGES, IN SUCH STATES LIABILITY IS LIMITED TO THE FULLEST EXTENT
PERMITTED BY
LAW.
CONTENT
Proprietary Rights
You acknowledge that Fairhaven Florist contains information, data,
software,
photographs, graphs, videos, typefaces, graphics, music, sounds, and
other
material (collectively "Content") that are protected by copyrights,
trademarks, or other proprietary rights, and that these rights are
valid and
protected in all forms, media and technologies existing now or
hereinafter
developed. All Content is copyrighted as a collective work under the
Online Conduct
Any conduct by you that in the Company's
sole
discretion restricts or inhibits any other user from using or enjoying
the Web
Site will not be permitted. You agree to use the Web Site in accordance
with
these Conditions of Use and only for lawful purposes.
You agree that you will not use the Web Site to send unsolicited
advertising,
promotional material, or other forms of solicitation to other users,
except in
specified areas, if any, that are specifically designated for such a
purpose.
The provisions of these Conditions of Use are for the benefit of the
Company,
its Affiliates and the Web Site Providers, Merchants, Sponsors and
Licensors,
and each shall have the right to assert and enforce such provisions
directly
against the violator on its own behalf.
Privacy Policy
We recognize and respect the importance of maintaining the privacy of
our
users, customers and subscribers and have established a privacy policy
as a
result. In our Privacy Policy, which constitutes part of these
Conditions of
Use, we describe why we gather information from users, customers, and
subscribers, what information we collect, how we collect it, what we
use the
information for and how you can instruct us if you prefer to limit the
use of
information about you. We encourage you to carefully read our Privacy
Policy.
Indemnity
You agree to indemnify, defend and hold harmless the Company, its
Affiliates
and any of their respective officers, directors, agent or employees,
from and
against any and all liability, claims, costs and expenses (including
without
limitation reasonable legal fees and expenses), brought by any third
party
alleging, arising, related or resulting from your use (or use by any
third
party using your account) of the Web Site in violation or breach of the
Conditions of Use.
Termination of Usage
The Company may terminate your access, or suspend your access to all or
part of
the Web Site, without notice, for any conduct that the Company, in its
sole
discretion, believes is a violation or breach of these Conditions of
Use, is in
violation of any applicable law or is harmful to the interests of
another user,
customer, recipient, subscriber, a third-party Provider, Merchant,
Sponsor,
Licensor, content or service provider, the Company or its Affiliates.
Applicable Laws
Fairhaven Florist is controlled by the Company from its offices within
the
Acknowledgment and Changes
This Agreement represents the entire understanding between you and the
Company
regarding your relationship with the Company and use of the Web Site
and
supersedes any prior statements or representations. YOU AGREE TO BE
BOUND BY
THE CONDITIONS OF USE by accessing any areas of the Web Site.
We reserve the right to change the Conditions of Use at any time. If we
make
any change to the Conditions of Use, we will post those changes on
this, or any
other appropriate page, and they will become effective upon the later
of 1) the
date specified by the Company, if any, or 2) the posting. By accessing
the Web
Site after changes are made to the Conditions of Use and posted on the
Web
Site, you agree to be legally bound and to abide by the amended terms.
