The entire content included in this site, including but not limited to text, graphics, or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Calyx Flowers, Inc. The collective work includes works that are licensed to Calyx Flowers, Inc. Copyright 2014, Calyx Flowers, Inc., ALL RIGHTS RESERVED. Calyx Flowers, Inc. does not investigate to determine if such works are accurate nor can Calyx Flowers, Inc. provide assurance that all such works are free of typographical errors. Calyx Flowers, Inc. cannot guarantee information displayed on this site to be 100% accurate. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use. No mechanized or other systematic process for harvesting information from the web site for any purpose, including without limitation, any commercial purpose, is permitted. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Calyx Flowers, Inc. You further agree not to change or delete any proprietary notices from materials downloaded from the site. Calyx Flowers, Inc. may revoke any of the foregoing rights as well as any access to this site at any time. All trademarks, service marks, and trade names of Calyx Flowers, Inc. used in this site are trademarks or registered trademarks of Calyx Flowers, Inc.
THIS SITE AND ALL MATERIALS ON THIS SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, CALYX FLOWERS, INC. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. CALYX FLOWERS, INC. DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CALYX FLOWERS, INC. DOES NOT MAKE ANY WARRANTEES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY, OR OTHERWISE. APPLICABLE LAW MAY NOT ALLOW LIMITATIONS OR EXCLUSIONS ON WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
These terms and conditions are applicable to you upon your accessing the site. These terms and conditions, or any part of them, may be modified by Calyx Flowers, Inc. without notice at any time, for any reason.
Calyx Flowers, Inc. may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Calyx Flowers, Inc..
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Calyx Flowers, Inc. employee or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization. Use of the site for any illegal or unauthorized purpose is strictly prohibited. Calyx Flowers, Inc. may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users for any reason, including any of the foregoing.
You understand and agree that Calyx Flowers, Inc. cannot be responsible for the content posted on the site by users and that your use of the site is at your own risk. Calyx Flowers, Inc. is under no circumstances liable in any way for any content posted on the site or for any damages of any kind incurred as the result of the use of any content posted or otherwise made available on the site by users.
User Generated Content
Notwithstanding anything to the contrary in these terms and conditions, with respect to content you submit or make available for inclusion on the site, you grant Calyx Flowers, Inc. permanent world-wide, royalty free, and non-exclusive license(s) to use, distribute, reproduce, modify, adapt, publicly perform, and publicly display such content on the site or in any other medium for any purpose.
Calyx Flowers, Inc. does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Calyx Flowers, Inc. is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Calyx Flowers, Inc. reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Calyx Flowers, Inc. in its sole discretion.
You agree to indemnify, defend, and hold harmless Calyx Flowers, Inc., its officers, directors, employees, agents, licensors and suppliers from and against all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions, any content you post to or make available on the site, or any activity (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
Limitation of Liability
CALYX FLOWERS, INC. SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS SITE OR THE MATERIALS ON THIS SITE, EVEN IF CALYX FLOWERS, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
You acknowledge and agree that Calyx Flowers, Inc. may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these terms and conditions; (c) respond to claims that any content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Calyx Flowers, Inc., Calyx Flowers, Inc. site users, and the public.
You understand that the technical processing and transmission of the site, including your content, may involve (a) transmissions over various networks and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
In an attempt to provide increased value to our visitors, Calyx Flowers, Inc. may link to sites operated by third parties. However, even if the third party is affiliated with Calyx Flowers, Inc., Calyx Flowers, Inc. has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Calyx Flowers, Inc. These linked sites are only for your convenience and therefore you access them at your own risk.
Your use of this site shall be governed in all respects by the laws of the State of Vermont, U.S.A., without regard to choice of law provisions. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site shall be in the state or federal courts located in Vermont. Any cause of action or claim you may have with respect to the site must be commenced within one (1) year after the claim or cause of action arises or is barred forever. Calyx Flowers, Inc.’s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. These terms and conditions constitute the entire agreement between you and Calyx Flowers, Inc. with regard to your use of this site. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Calyx Flowers, Inc. may assign its rights and duties under this Agreement to any party at any time without notice to you.