Revisions and Errata
The materials appearing on Kim’s Florist’s web site could include technical, typographical, or photographic errors. Kim’s Florist does not warrant that any of the materials on its web site are accurate, complete, or current. Kim’s Florist may make changes to the materials contained on its web site at any time without notice. Kim’s Florist does not, however, make any commitment to update the materials.
In no event shall Kim’s Florist or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Kim’s Florist’s Internet site, even if Kim’s Florist or a Kim’s Florist authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
Kim’s Florist has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Kim’s Florist of the site. Use of any such linked web site is at the user’s own risk.
The materials on Kim’s Florist’s web site are provided “as is”. Kim’s Florist makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Kim’s Florist does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.
Jurisdiction & Governing Law
You will resolve any cause of action, claim, or dispute (claim) you have with us arising out of or relating to this Statement exclusively in a state or federal court located in Orange County, California. The laws of the State of California will govern this Statement, as well as any claim that might arise between you and us, without regard to conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located in Orange County, California for the purpose of litigating all such claims.
You shall be solely responsible for your own submissions, the posting of any content including, but not limited to, photographs, illustrations, audio clips and video clips and the consequences thereof. You or a third party licensor, as appropriate, retain all patent, trademark and copyright to any content you submit, post or display on or through the Service and you are responsible for protecting those rights and obtaining the required consents and authorizations, as appropriate. By posting any submission and content, you hereby grant Kim’s Florist and its affiliates the worldwide, nonexclusive, royalty free, and perpetual license to reproduce, publish and distribute such content on the Service or any media operated by Kim’s Florist or its affiliates. Furthermore, Kim’s Florist reserves the right to refuse, accept, post, display or transmit any content in it sole discretion. You agree that you will use the Service in compliance with all applicable laws, rules and regulations.
Modifications to the Service
Kim’s Florist reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Kim’s Florist shall not be liable to you or any third party for any modification, suspension or discontinuance of the Service.
Violation of These Terms and Conditions
You agree to indemnify and hold harmless Kim’s Florist and its affiliates, and their respective members, directors, officers, managers, employees, shareholders, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation by you of this Agreement. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide us with such cooperation as is reasonably requested by us.
This document was revised on July 17, 2018.