Terms of Use

ALL USERS MUST READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.

Use of this site is free to our visitors.  By using this site, you agree to be bound by the following terms and conditions of use.  If you do not understand and agree to these terms and conditions, you are expressly prohibited from making any use of this site.

Acceptance of Agreement.  By making any use of this site, you agree to the terms and conditions contained in this Terms of Use Agreement, along with the Shipping and Refund Policy (collectively, the “Agreement”) with respect to our site, PetalLane.com  (“this Site”). This Agreement constitutes our entire agreement with you, and supersedes any prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content, and any products or services offered on the Site.

Intellectual Property.  The content, organization, graphics, and design of this Site (“Content”) are protected under State, Federal, and International copyright and trademark laws and treaties. You may not modify, publish, transmit, distribute, perform, participate in the transfer or sale, create derivative works of, or in any way exploit, any of the Content, in whole or in part, without our express prior written consent.

Deleting and Modification. We reserve the right in our sole discretion, without any obligation and without any notice to you, to edit or delete any documents, information or other content appearing on the Site, including this Agreement.

User Accounts.  Registered users making use of the “My Account” function of this Site are entirely responsible for maintaining the confidentiality of passwords and user account information. You must notify us immediately in the event of any known or suspected unauthorized use of your user account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your or anyone else's password. You are entirely responsible for any and all activities which occur under your user account. In the event of someone using your user account, you will inform petallane.com immediately.

Indemnification.  You agree to indemnify, hold harmless and, at our option, defend us, and our affiliates, partners, officers, directors, employees, stockholders, agents and representatives from any and all third party claims, liability, damages and/or costs (including, but not limited to, reasonable attorneys fees and expenses) arising from your improper use of this Site or our products or offerings, your violation of these Terms of Use, or your infringement, or the infringement or use by any other user of your account, of any intellectual property or other right of any person or entity.

Limitations on Liability.  YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE AND OUR AFFILIATES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, OR RESULTING FROM, (A) THE USE OR THE INABILITY TO USE THE SITE; (B) THE USE OF ANY CONTENT OR OTHER MATERIAL ON THE SITE OR ANY WEBSITE OR WEBSITES LINKED TO THE SITE, (C) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED, OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THIS SITE; (D) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (E) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR SITE; OR (F) ANY OTHER MATTER RELATING TO OUR SITE. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING OUR SITE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF OUR SITE, OR WITH ANY OF THESE TERMS & CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS THE DISCONTINUATION OF YOUR USE OF THIS SITE.

Disclaimers of Warranties.  THE PRODUCTS, OFFERINGS, CONTENT AND MATERIALS ON THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, COMPATIBILITY, SECURITY, ACCURACY OR NON-INFRINGEMENT. Neither us, any of our affiliates, nor any of our or their respective licensors, licensees, service providers or suppliers warrant that this site or any function contained in this site will be uninterrupted or error-free, that defects will be corrected, or that this site or the servers that make this site available are free of viruses or other harmful components. Any product, offering, content and material downloaded or otherwise obtained through the use of this site is done at your sole risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such product, offering, content or material. NEITHER US, ANY OF OUR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PRODUCTS, OFFERINGS, CONTENT AND MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. Furthermore, please note that no advice or information, obtained by you from our personnel or through this site, shall create any warranty not expressly provided for in this agreement.

Third-Party Website, Products, and Services.  We are not responsible for the content, accuracy or opinions express in any third-party linked websites, and such websites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked website on our Site does not imply approval or endorsement of the linked website by us. This Site and the third-party linked websites are independent entities and neither party has authority to make any representations or commitments on behalf of the other. If you decide to leave our Site and access these third-party linked sites, you do so at your own risk. You understand that we do not operate or control the products, free offerings or services offered by third-party linked websites. Third-party linked websites are responsible for all aspects of order processing, fulfillment, billing and customer service. We are not a party to any transactions entered into between you and third-party linked websites. You agree that use of such third-party linked websites is at your sole risk and is without warranties of any kind by us, expressed, implied or otherwise.

Submissions.  All suggestions, ideas, notes, concepts and other information you may send to us (collectively, "Submissions") shall be deemed and shall remain our sole property and shall not be subject to any obligation of confidence on our part. Without limiting the foregoing, we shall be deemed to own all known and hereafter existing rights of every kind and nature regarding the Submissions and shall be entitled to unrestricted use of the Submissions for any purpose, without compensation to the provider of the Submissions.

Governing Law and Choice of Forum.  This Agreement shall be governed by and construed in accordance with the laws of the State of Utah without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to your use of this Site, its products, or this Agreement shall be filed only in the state or federal courts located in Utah and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.

General.  If any provision of this Agreement shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. This Agreement will inure to the benefit of our successors, assigns and licensees. The failure of either party to insist upon or enforce the strict performance of the other party with respect to any provision of this Agreement, or to exercise any right under this Agreement, will not be construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provision or right in that or any other instance; rather, the same will be and remain in full force and effect. Any question or concern regarding the Site or this Agreement should be submitted by a message through the “Contact Us” function of this Site.

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