Cascadia Blooms Terms & Conditions
Last updated: April 9th, 2019
1. Acceptable Use
You may not use the Website in any manner that could damage, disable, overburden or impair the Website or software, systems or equipment of Cascadia Blooms or any user or other person.
1.2 Safety and Security. To protect your own safety and well-being, you agree to take prudent safeguards and precautions in your participation in the Program, including without limitation in your interactions with other Users, whether offline or online.
In consideration of your use of the Website or participation in the Program, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Website (“Registration Data”); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to Cascadia Blooms, to keep it accurate, current and complete; and (d) be fully responsible for all use of your account and for any actions that take place using your account. You agree not to impersonate any person or entity. You will promptly report to Cascadia Blooms any violation of this Agreement by others of which you become aware.
2. Proprietary Rights
2.1 Rights in Content on the Website. “Cascadia Blooms”, “Cascadia Blooms Direct”, and the “Cascadia Blooms” logo and other Cascadia Blooms graphics, logos, designs, page headers, button icons, scripts, names and branding are trademarks, service marks or trade dress of Cascadia Blooms Nursery LLC (collectively, “Cascadia Blooms Marks”). Cascadia Blooms Marks may not be used, including, without limitation, as part of trademarks or domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Cascadia Blooms. Cascadia Blooms or its licensors own and retain all proprietary rights in the Program, the Website and all content, material and information posted, uploaded, transmitted or otherwise shared by Cascadia Blooms thereon (collectively, “Content”). The Website and Program contain the copyrighted material, trademarks and other proprietary information of Cascadia Blooms and its licensors. You may display and make limited copies of the Content (other than the Cascadia Blooms Marks) for your personal, non-commercial use in connection with your participation in the Program (except as provided herein), but you may not alter, modify, publish, distribute, publicly display or sell any Content or other such proprietary information, or otherwise copy, transmit or use any Content or other such proprietary information without the express, prior written permission of Cascadia Blooms.
3 Third Party Content and Sites.
3.1 Links to other websites The Website contains (or you may be sent through the Website) links to other websites (“Third Party Sites”), as well as content, information, images, photographs, pictures and materials (including, without limitation, text, graphics, designs, music, sound, video, information and software) belonging to or originating from third parties (“Third Party Content”). Such Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by Cascadia Blooms, and Cascadia Blooms is not responsible for any Third Party Sites accessed through the Website or any Third Party Content posted, uploaded, transmitted or otherwise shared on the Website, including without limitation the content, accuracy, offensiveness, opinions, reliability or policies of or contained in the Third Party Sites or the Third Party Content. Inclusion of or linking to any Third Party Site or any Third Party Content does not imply approval or endorsement thereof by Cascadia Blooms. If you decide to leave the Website and access a Third Party Site, you do so at your own risk and you should be aware that Cascadia Blooms’ terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Website.
4. Disclaimers; Limitation of Liability
4.1 Disclaimers Cascadia Blooms is not responsible, and shall have no liability, for any incorrect or inaccurate content posted on the Website or any liability, cost or expense you may incur in connection with the Website or Program, whether caused by any user or other person or by any of the equipment or programming associated with or utilized in the Program. Cascadia Blooms is not responsible for the conduct, whether online or offline, of any User of the Website or any other person. With respect to the Website and Program, Cascadia Blooms assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any communications.
Cascadia Blooms is not responsible for your interactions with any other User and any disputes or damages that may result from such interactions. Cascadia Blooms reserves the right, but has no obligation, to monitor disputes between you and such persons.
Under no circumstances will Cascadia Blooms be responsible for any loss or damage, including, without limitation, personal injury or death, resulting from any use of the Website or participation in the Program, including without limitation any content posted, uploaded, submitted, transmitted or otherwise shared on the Website or any interactions between any Users of the Website or Program, whether online or offline. Cascadia Blooms does not represent, warrant, covenant, guarantee or promise any specific results from use of the Website or the Program.
THE WEBSITE AND PROGRAM, INCLUDING, WITHOUT LIMITATION, ANY CONTENT OR INFORMATION CONTAINED WITHIN IT (INCLUDING THIRD PARTY DATA PROVIDED TO CASCADIA BLOOMS) OR ANY SERVICE OR ADVICE PROVIDED IN CONNECTION WITH THE PROGRAM, IS PROVIDED “AS IS” WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE WEBSITE AND PARTICIPATION IN THE PROGRAM, INCLUDING BUT NOT LIMITED TO ALL OF THE RISKS ASSOCIATED WITH ANY ONLINE AND OFFLINE INTERACTIONS WITH ANY PERSON.
Cascadia Blooms will not be liable in any way to you or to any other person for any inaccuracy, error or delay in or omission of any third party data or the transmission or delivery of any such third party data and any loss or damage arising from (a) any such inaccuracy, error, delay or omission, (b) non-performance or (c) interruption in any such third party data due either to any negligent act or omission by Cascadia Blooms or “force majeure” or any other cause beyond the control of Cascadia Blooms.
5. Governing Law; Resolution of Disputes; Arbitration and Waivers
This Agreement is governed by the laws of the State of Oregon, USA, without regard to its choice of law or conflict of law provisions. If any dispute arises between you and Cascadia Blooms, including, without limitation, any dispute arising from or relating to the Website or the Program, you agree that all such disputes will be determined exclusively by final and binding arbitration, in accordance with the then existing commercial rules of the American Arbitration Association if the amount claimed is greater than $100 and otherwise over the telephone or in another city in which Cascadia Blooms is located. The arbitration shall be heard and adjudicated by one arbitrator to be selected by you and Cascadia Blooms. Any award will be final, binding and conclusive upon the parties, subject only to judicial review provided by Oregon statute, and a judgment rendered on the arbitration award can be entered in any court having jurisdiction thereof. Notwithstanding the foregoing, either you or Cascadia Blooms may seek any injunctive relief in a state or federal court in Medford, Oregon, as may be necessary to preserve rights pending the completion of arbitration and Cascadia Blooms may seek any injunctive relief in a state or federal court in Medford, Oregon, or another court of competent jurisdiction, at any time against any violations of Section 1 (Acceptable Use) or Section 2 (Proprietary Rights) of this Agreement.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, BY AGREEING TO SUBMIT ALL DISPUTES TO BINDING ARBITRATION, YOU AND CASCADIA BLOOMS HEREBY WAIVE YOUR RIGHT TO A JURY OR COURT TRIAL OF ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR BASED UPON THIS AGREEMENT OR ANY CONTEMPLATED USE HEREIN, INCLUDING CONTRACT, TORT, BREACH OF DUTY AND ALL OTHER CLAIMS, EXCEPT AS SPECIFICALLY PROVIDED ABOVE.
You waive, to the maximum extent not prohibited by law, any right you may have to claim or recover, in any legal action or proceeding, any special, exemplary, punitive or consequential damages.
If you have a dispute with Cascadia Blooms, you agree to solve it through arbitration instead of a lawsuit. This means an independent person whose job it is to solve disputes will make a binding decision. In other words, you’re giving up your right to a jury or court trial and you agree to be subject to Oregon law, no matter where you live.
You agree to indemnify and hold Cascadia Blooms harmless from any loss, liability, claim, or demand, including reasonable attorney’s fees, made or incurred by any third party due to or arising (directly or indirectly) out of your use of the Website or participation in the Program or arising from your breach of this Agreement.
This Agreement will remain in full force and effect while you access or use the Website or participate in the Program as a User and, notwithstanding anything herein to the contrary, this Agreement will remain in effect after your participation in the Program and registered account is terminated. From time to time, Cascadia Blooms may make features available to Cascadia Blooms as part of the Program. Cascadia Blooms reserves the right, in its sole discretion, to include or cease providing these features at any time. Whether or not you are and remain eligible to participate in the Program, use the Website, or take advantage of any Cascadia Blooms services, may be determined by Cascadia Blooms in its sole and absolute discretion. You may terminate your participation in the Program and registered account at any time and for any reason by sending a written email notice of termination to Cascadia Blooms, such notice to be effective within three (3) days of receipt by Cascadia Blooms. Cascadia Blooms may also terminate your participation in the Program and registered account at any time and for any reason, effective upon transmission of notice to you at the email address you provide to Cascadia Blooms. If your participation in the Program and registered account is terminated by Cascadia Blooms, you agree not to access or use the Website or participate in the Program. If you violate this Agreement or if your participation in the Program or registered account is terminated, Cascadia Blooms has the right to delete your profile and remove your User Generated Content.
Please contact us at [email protected] with any questions regarding this Agreement, or to request a written copy of this Agreement.