The following terms and conditions (these “Terms of Service” or “Terms”), govern your access to and use of www.StemmZ.com (the “Site”), including any Information, functionality and services offered on or through the Site, by [Full name of Company] (the “Company” “we” “us”).
If you do not agree to these Terms, you may not access or use the Service. We may update and modify the Terms from time to time. Your continued use of the Service means that you have accepted those modifications.
Use of the Site and Service
Company makes no representation or warranty that the information, regardless of its source, is accurate, complete, reliable, current, or error-free. Information provided on the Site and in or related to the Service is subject to change. Company disclaims all liability for any inaccuracy, unreliability, error or lack of timeliness or completeness in the Information.
To become a member, simply enroll for membership on the Site. You will be prompted to submit your name and email address, mailing address, provide your corresponding billing information, and complete the purchase of your initial membership.
We reserve the right to terminate your membership in our sole discretion if we determine that you have violated these Terms, including through fraudulent or misleading activity. You may also be liable for civil and/or criminal penalties under applicable law.
Company provides a customizable gift campaign platform for floral arrangements and gifts for your friends and loved ones. Company offers a 6-, 9- and 12-month subscription term with a no payment due option to be made during sign up with auto renewal at the end of the Term. You will receive a discount for prepaying the subscription when initially signing up for the service. If you do not choose to prepay, we will bill you prior to each event order being shipped.
Copyright Policy, Notice and Claim Information
StemmZ Corporation owns and operates this Site. All Information on this Site, whether separate or compiled, including but not limited to, domain name, text, graphics, audio clips, logos, buttons, images, digital downloads, data compilations, software, icons, html code and xml code, as well as all copyright, patent, trademark, trade dress, and other rights therein, are owned or licensed by Company and its third-party information providers, and are protected by international intellectual property law.
All graphics, logos, page headers and service names are trademarks, service marks or trade dress appearing on this Site are the exclusive property of Company. Our trademarks, service marks and trade dress may not be used in connection with any product or service, or in any manner that is likely to cause confusion among customers or investors, or in any manner that disparages or discredits us. Nothing contained on this Site should be construed as granting any license or right in or to any trademarks, service marks or trade dress of Company.
Third Party Content
Data and other Information appearing on this Site that are provided by third parties are believed to be obtained from reliable sources, but we cannot guarantee and is not responsible for their accuracy, timeliness, completeness or suitability for use. Company is not responsible for, and does not prepare, edit, or endorse the Information, advertising, products or other Information on or available from any web Site owned or operated by a third party that is linked to this Site via hyperlink. The fact that we have provided a link to a third party’s web Site does not constitute an implicit or explicit endorsement, authorization, sponsorship or affiliation by us with respect to such web Site, its owners, providers or services. You use any such third-party Information at your own risk.
Disclaimers and Limitations of Liability
THE INFORMATION ON OUR SITE IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS. YOU AGREE THAT YOUR USE OF OUR SITE IS AT YOUR SOLE RISK. INFORMATION ON OUR SITE SHOULD NOT NECESSARILY BE RELIED UPON AND SHOULD NEVER BE CONSTRUED TO BE PROFESSIONAL ADVICE FROM US. WE DO NOT GUARANTEE THE ACCURACY OR COMPLETENESS OF ANY OF THE INFORMATION PROVIDED AND ARE NOT RESPONSIBLE FOR ANY LOSS RESULTING FROM YOUR RELIANCE ON SUCH INFORMATION. UNDER NO CIRCUMSTANCES WILL COMPANY BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE SITE OR SERVICE, YOUR SITE USE, OR THE SITE INFORMATION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
ADDITIONALLY, COMPANY IS NOT LIABLE FOR DAMAGES IN CONNECTION WITH (A) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE; (B) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; AND (C) THIRD PARTY THEFT OF, DESTRUCTION, OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE ,GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY. THIS APPLIES EVEN IF COMPANY WAS ADVISED OF THE POSSIBILITY OR COULD HAVE FORESEEN THE DAMAGES.
THIS SITE IS AN INFORMATIONAL RESOURCE ONLY. COMPANY DOES NOT GUARANTEE THE OUTCOME OF FOLLOWING THE RECOMMENDATIONS PROVIDED AND ANY STATEMENTS ABOUT THE POTENTIAL OUTCOME ARE EXPRESSIONS OF OPINION ONLY. WE MAKE NO GUARANTEE ABOUT THE INFORMATION AND RECOMMENDATIONS PROVIDED HEREIN. BY CONTINUING TO USE, READ, OR PARTICIPATE ON THE SITE, YOU ACKNOWLEDGE THAT WE CANNOT GUARANTEE ANY PARTICULAR RESULTS BECAUSE OUTCOMES ARE BASED ON SUBJECTIVE FACTORS THAT ARE NOT WITHIN OUR CONTROL. THEREFORE, FOLLOWING ANY INFORMATION OR RECOMMENDATIONS PROVIDED ON THE SITE IS AT YOUR OWN RISK.
You agree to indemnify, defend and hold harmless Company, its affiliates, and each of its and their officers, directors (and trustees), employees and agents, from and against all claims, demands, liabilities, damages, losses or expenses, including attorney’s fees and costs, arising out of, or related to, your improper access to or use of this Site, or any violation by you of these Terms of Service.
Effect of Headings
The subject headings of the paragraphs and subparagraphs of these Terms of Service are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
Entire Agreement; Waiver
These Terms of Service constitute the entire agreement between you and Company pertaining to the Site and Service and supersede any and all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of this 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.
All notices, requests, demands, and other communications under this Agreement shall be in writing and properly addressed as follows:
330 SW 2nd St Fort Lauderdale FL 33312
Governing Law; Venue; Arbitration
This Agreement shall be construed in accordance with, and governed by, the laws of the State of Florida as applied to contracts that are executed and performed entirely in. The exclusive venue for any arbitration or court proceeding based on or arising out of this Agreement shall be Florida. Any dispute between you and us, excluding any intellectual property right infringement claims we pursue against you, shall be settled solely by confidential binding arbitration per commercial arbitration rules. All claims must be arbitrated on an individual basis and cannot be consolidated in any arbitration with any claim or controversy of anyone else. All arbitration must occur in Florida. Each party shall bear one half of the arbitration fees and costs incurred, and each party is responsible for its own lawyer fees.
If any term, provision, covenant, or condition of these Terms is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Terms shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.