Terms and Conditions

Agreement between User and http://tktimeforflowers.com

Welcome to http://tktimeforflowers.com. The http://tktimeforflowers.com website (the “Site”) comprises various web pages operated by Theresa Kays Time for Flowers. http://tktimeforflowers.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of http://tktimeforflowers.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.

http://tktimeforflowers.com is an E-Commerce Site. Provide flowers and other products to customers.

Your use of http://tktimeforflowers.com is subject to Theresa Kays Time for Flowers Privacy Policy.

Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

Electronic Communications

Visiting http://tktimeforflowers.com or sending emails to Theresa Kays Time for Flowers constitutes electronic communications. You consent to receive electronic communications. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email, and on the Site, satisfy any legal requirement that such communications be in writing.

Children Under Thirteen

Theresa Kays Time for Flowers does not knowingly collect online or offline personal information from persons under thirteen. If you are under 18, you may use http://tktimeforflowers.com only with the permission of a parent or guardian.

Links to Third Party Sites/Third Party Services

http://tktimeforflowers.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Theresa Kays Time for Flowers, and Theresa Kays Time for Flowers is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site or any changes or updates to a Linked Site. Theresa Kays Time for Flowers provides these links to you only as a convenience. The inclusion of any link does not imply endorsement by Theresa Kays Time for Flowers of the site or any association with its operators.

Certain services made available via http://tktimeforflowers.com are delivered by third party sites and organizations. By using any product, service, or functionality originating from the http://tktimeforflowers.com domain, you as a result of this acknowledge and consent that Theresa Kays Time for Flowers may share such information and data with any third party with whom Theresa Kays Time for Flowers has a contractual relationship to provide the requested product, service or functionality on behalf of http://tktimeforflowers.com users and customers.

No Unlawful or Prohibited Use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use http://tktimeforflowers.com strictly following these terms of use. As a condition of your use of the Site, you warrant Theresa Kays Time for Flowers that you will not use the Site for any purpose unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Theresa Kays Time for Flowers or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends, or other restrictions in any such content and will not make any changes to that.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Theresa Kays Time for Flowers content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content. In particular, you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use and make no other use of the content without the express written permission of Theresa Kays Time for Flowers and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Theresa Kays Time for Flowers or our licensors except as expressly authorized by these Terms.

Third-Party Accounts

You will be able to connect your Theresa Kays Time for Flowers account to third party accounts. By clicking your Theresa Kays Time for Flowers account to your third party account, you acknowledge and agree that you consent to the continuous release of information about you to others (per your privacy settings on those third party sites). If you do not want information about yourself to be shared in this manner, do not use this feature.

International Users

The Service is controlled, operated, and administered by Theresa Kays Time for Flowers from our USA offices. If you access the Service from a location outside the USA, you are responsible for all local laws. You agree that you will not use the Theresa Kays Time for Flowers Content accessed through http://tktimeforflowers.com in any country or any manner prohibited by any applicable laws, restrictions, or regulations.

Indemnification

You agree to indemnify, defend and hold harmless Theresa Kays Time for Flowers, its officers, directors, employees, agents, and third parties for any losses, costs, liabilities, and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your breach of any rights of a third party, or your violation of any applicable laws, rules or regulations. Theresa Kays Time for Flowers reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You will fully cooperate with Theresa Kays Time for Flowers in asserting any available defenses in this event.

Class Action Waiver

Any arbitration under these Terms and Conditions will occur individually; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Theresa Kays Time for Flowers agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. Theresa Kays Time for Flowers AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

Theresa Kays Time for Flowers AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. HEALTHY LIVING BY HOLLIE AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS concerning THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON- INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL HEALTHY LIVING BY HOLLIE AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE,

WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Theresa Kays Time for Flowers OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Termination/Access Restriction

Theresa Kays Time for Flowers reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the State of Michigan laws. As a result of this, you consent to the exclusive jurisdiction and venue of courts in Michigan in all disputes arising out of or relating to the Site’s use. Use of the Site is unauthorized in any jurisdiction that does not affect all these Terms’ provisions, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Theresa Kays Time for Flowers due to this agreement or use of the Site. Theresa Kays Time for Flowers’s performance of this agreement is subject to existing laws and legal process. Nothing contained in this agreement is in derogation of Theresa Kays Time for Flowers right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Theresa Kays Time for Flowers concerning such use. Suppose any part of this agreement is determined to be invalid or unenforceable according to applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above. In that case, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the original provision’s intent. The remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Theresa Kays Time for Flowers concerning the Site. It supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the user and Theresa Kays Time for Flowers concerning the Site. A printed version of this agreement and any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The express wish to the parties that this agreement and all related documents be written in English.

Changes to Terms

Theresa Kays Time for Flowers reserves the right to change the Terms under which, at its sole discretion, to change the Terms under which http://tktimeforflowers.com is offered. The most current version of the Terms will supersede all previous understandings. Theresa Kays Time for Flowers encourages you to review the Terms to stay informed of our updates periodically.

Contact Us

Theresa Kays Time for Flowers welcomes your questions or comments regarding the Terms:

Theresa Kay Time for Flowers

303 N Shiawassee St. Corunna, MI 48817.

Email Address:

[email protected]

Telephone number:

(989) 472-4788

Effective as of April 21, 2020