TERMS AND CONDITIONS OF USE
TERMS AND CONDITIONS OF USE
Effective Date: December 1, 2007
Welcome to Beneva.com (the “Site”). Beneva Flowers & Gifts ("Beneva" “we,” “us,” “our”)
is pleased to serve you under these Terms and Conditions of Use, as amended from time
to time (“Terms”). Beneva provides our services to you subject to the following
conditions. If you visit or shop at the Site, you accept these conditions. Please read them
carefully. In addition, when you use any current or future service, business or contest you
also will be subject to the guidelines, rules, terms, conditions, and agreements
(“Conditions”) applicable to such service, business, or contest. If these Terms are
inconsistent with such Conditions, the Conditions will control. YOUR USE OF THIS SITE
CONSTITUTES YOUR AGREEMENT TO THESE TERMS. DO NOT USE THE SITE OR
PROVIDE INFORMATION IF YOU DO NOT AGREE TO THE TERMS.
1.Who We Are. We are Beneva Flowers & Gifts (“Beneva” “we,” “us,”
“our”) and our headquarters are located at 6980 Beneva Road
Sarasota, FL 34238; our telephone number
(customer service) is [888.923.7401]. See http://www.beneva.com/contactus for further
contact information, including how to contact us by email. Beneva is a
corporation formed under Florida State law, U.S.A. We do not charge you for merely
using the Site; if a particular Site activity carries a charge, it will be disclosed in connection
with the activity.
2. Privacy. Please review our Privacy Policy, which also governs your visit to the Site,
to understand our practices. Our Privacy Policy contains our practices regarding
personally identifying information about you. You should review the Privacy Policy because
it describes the information that we collect, how we collect it and what we do with that
information.
3. Your Account. If you use this Site, you are responsible for maintaining the
confidentiality of your account and password and for restricting access to your computer,
and you agree to accept responsibility for all activities that occur under your account or
password. Products and services sold through this Site can be purchased with a credit
card or other permitted payment method.
Beneva Flowers take special care to protect the safety and privacy of children. Our
web sites are general audience sites. We do not permit anyone under the age of 13 to
register with us. We also do not send email correspondence to anyone who tells us that
they are under the age of 13 without their parent's consent. Children under the age of 13
should always ask their parents or guardians for permission before providing any personal
information to anyone online. We urge parents and guardians to participate in their
children's online activities and use parental control or other web filtering technology to
supervise children's access to the web.
4. Right of Refusal. We reserve the right to refuse service, terminate accounts, remove or edit content, or
cancel orders in our sole discretion.
5.Electronic Communications. When you visit the Site or send e-mails to us, you are
communicating with us electronically. You consent to receive communications from us electronically.
We will communicate with you by e-mail or by posting notices on this Site.
You agree that all agreements, notices, disclosures and other communications that we
provide to you electronically satisfy any legal requirement that such communications be in
writing.
6. License and Site Access. Beneva FLowers grants you a limited license to
access and make personal use of this Site and not to download (other than page caching)
or modify it, or any portion of it. This license does not include: (a) any resale or commercial
use of this Site or its contents; (b) any collection and use of any product listings,
descriptions, or prices; (c) any derivative use of this Site or its contents; (d) any
downloading or copying of account information for the benefit of another merchant; (e) or
any use of data mining, robots, or similar data gathering and extraction tools. This Site or
any portion of this Site may not be reproduced, duplicated, copied, sold, resold, visited, or
otherwise exploited for any commercial purpose without express written consent of
Beneva FLowers. You may not frame or utilize framing techniques to enclose any
trademark, logo, or other proprietary information (including images, text, page layout, or
form) of Beneva FLowers without express written consent. You may not use any meta
tags or any other "hidden text" utilizing our name or trademarks without our express written
consent. Any unauthorized use terminates the permission or license granted by us. You
are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home
page of the Site so long as the link does not portray Beneva FLowers, or its products or
services in a false, misleading, derogatory, or otherwise offensive matter. You may not use
any Beneva FLowers logo or other proprietary graphic or trademark as part of the link
without express written permission.
7. Comments, Reviews, Communications, and Other Content.
Visitors may post
reviews, comments, photos, and other content; send e-cards/e-mail and other
communications; and submit suggestions, ideas, comments, questions, or other
information, so long as the content is not illegal, obscene, threatening, defamatory,
invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third
parties or objectionable and does not consist of or contain software viruses, political
campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam."
You may not use a false e-mail address, impersonate any person or entity, or otherwise
mislead as to the origin of a card or other content. Beneva Flowers reserves the right
(but not the obligation) to remove or edit such content, but does not regularly review
posted content.
If you do post content or submit material, and unless we indicate otherwise, you
grant Beneva FLowers a nonexclusive, royalty-free, perpetual, irrevocable, and fully
sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative
works from, distribute, and display such content throughout the world in any media. You
grant Beneva FLowers and sublicensees the right to use the name that you submit in
connection with such content. You represent and warrant that you own or otherwise control
all of the rights to the content that you post; that the content is accurate; that use of the
content you supply does not violate this policy and will not cause injury to any person or
entity; and that you will indemnify Beneva FLowers for all claims resulting from content
you supply. Beneva FLowers has the right but not the obligation to monitor and edit or
remove any activity or content. Beneva FLowers takes no responsibility and assumes
no liability for any content posted by you or any third party.
8. Copyright. All content included on this Site, such as text, graphics, logos, button
icons, images, audio clips, digital downloads, data compilations, and software, is the
property of Beneva FLowers or its content suppliers and protected by United States and
international copyright laws. The compilation of all content on this Site is the exclusive
property of Beneva FLowers and protected by U.S. and international copyright laws. All
software used on this Site is the property of Beneva FLowers or its software suppliers
and protected by United States and international copyright laws.
9. Trademarks. ©2007 Beneva Flowers & Gifts. All rights reserved.
10. Patents. Portions of this Site operate under license of one or more patents. You are
not granted or licensed any rights whatsoever in or to such patents.
11. Copyright Complaints. Bewn respects the intellectual property of
others. If you believe that your work has been copied in a way that constitutes
infringement, please provide Beneva FLowers’ copyright agent the following written
information:
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has been infringed upon;
A description of where the material that you claim is infringing is located on the Site; Your address, telephone number, and
e-mail address;
A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its
agent, or the law; A statement by you, made under penalty of perjury, that the above information in your notice is accurate
and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Please note that this procedure is exclusively for notifying Beneva FLowers that
your copyrighted material has been infringed.
12. Product Descriptions. Beneva FLowers and its affiliates attempt to be as
accurate as possible. However, we do not warrant that product descriptions or other
content of this site is accurate, complete, reliable, current, or error-free. In the event a
product is listed at an incorrect price or with incorrect information due to typographical
error or error in pricing or product information received from our suppliers, we shall have
the right to refuse or cancel any orders placed for products listed at the incorrect price. We
shall have the right to refuse or cancel any such orders whether or not the order has been
confirmed and your credit card charged. If your credit card has already been charged for
the purchase and your order is canceled, we shall immediately issue a credit to your credit
card account in the amount of the charge. We apologize for any inconvenience this may
cause you.
13. Pricing.Except where noted otherwise, the price displayed for products on our
website (“List Price”) represents the full retail price listed on the product itself, suggested
by the manufacturer or supplier, or estimated in accordance with standard industry
practice; or the estimated retail value for a comparably featured item offered elsewhere.
Despite our best efforts, a small number of the items may be mispriced. If an item's correct
price is higher than our stated price, we will, at our discretion, either contact you for
instructions before shipping or cancel your order and notify you of such cancellation. Many
products displayed on our Site are also available in our retail stores while supplies last, but
you should not assume that what you see on the Site can always be seen in our stores.
Also, prices displayed on the Site might be different than in the stores or from store
advertised prices
14. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY. THIS SITE AND
ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE)
AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU
THROUGH THIS SITE ARE PROVIDED BY BENEVA FLOWER ON AN "AS IS" AND "AS
AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. BENEVA FLOWER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND,
EXPRESS
OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION,
CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES
INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE,
UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT
YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT
PERMISSIBLE BY APPLICABLE LAW, BENEVA FLOWER DISCLAIM ALL
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE. BENEVA FLOWER DOES NOT WARRANT THAT THIS SITE;
INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR
SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH
THIS SITE; THEIR SERVERS; OR E-MAIL SENT FROM BENEVA FLOWER ARE FREE
OF VIRUSES OR OTHER HARMFUL COMPONENTS. BENEVA FLOWER WILL NOT BE
LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE
OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING
SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO
YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT,
INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE
SPECIFIED IN WRITING. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON
IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN
DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE
DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU
MIGHT HAVE ADDITIONAL RIGHTS.
15. Applicable Law. You agree to comply with all applicable laws, statutes, ordinances
and regulations regarding your use of our Site and your purchase of products or services through our Site. We may, in our
sole discretion, report actual or perceived violations of
law to law enforcement or appropriate authorities. If we become aware, through a
complaint or otherwise, of any potential or suspected violation of these Terms and
Conditions of Use or our privacy policy ("Privacy Policy"), we may (but are not obligated to)
conduct an investigation to determine the nature and extent of the suspected violation and
the appropriate enforcement action, during which investigation we may suspend services
to any customer being investigated and/or remove any material from our servers. You
agree to cooperate fully with any such investigation. You acknowledge that violations of
the Terms and Conditions of Use or the Privacy Policy could be subject to criminal or civil
penalties. The Conditions of Use and the relationship between you and Beneva FLowers shall be governed by the laws of the
State of Florida without
regard to its conflict of law provisions. You and Beneva FLowers agree to submit to the
personal and exclusive jurisdiction of the courts located within the county of The United States of America. The failure of
Beneva Flower to exercise or enforce any right
or provision of the Conditions of Use shall not constitute a waiver of such right or provision.
If any provision of the Terms and Conditions of Use is found by a court of competent
jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to
give effect to the parties' intentions as reflected in the provision, and the other provisions of
the Conditions of Use remain in full force and effect. You agree that regardless of any
statute or law to the contrary, any claim or cause of action You have or may have arising
out of or related to use of the Beneva FLowers site or the Terms and Conditions of Use
must be filed within one (1) year after such claim or cause of action arose or be forever
barred.
16. Site Policies and Modification. Please review our other policies, such as our pricing
policy, posted on this Site. These policies govern your visit to the Site. We reserve the right
to make changes to our Site, policies, and the Terms at any time without notice.
17. Severability. If any of these conditions shall be deemed invalid, void, or for any
reason unenforceable, that condition shall be deemed severable and shall not affect the
validity and enforceability of any remaining condition.
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