Terms of Use
The following presents the Terms of Use which apply to your visit and use of this marksflowers.com website. By using this site you agree to these terms.
Replacements and refunds: marksflowers.com stands behind every order and will replace or fully refund the cost of your purchase if you are not completely satisfied. Shipping and handling fees will not be refunded.
Availability and price: marksflowers.com reserves the right to substitute an item of equal or greater value if a particular species of flower or specific color or a specific container is not available for shipping. In the event a product or service is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, marksflowers.com will have the right to refuse or cancel any orders placed for product or service listed at the incorrect price. marksflowers.com will have the right to limit the number of items purchased through our web site. marksflowers.com will have the right to refuse or cancel any order 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, marksflowers.com will immediately issue a credit to your credit card account in the amount of the incorrect price.
Limitation of liability: You understand and agree that your use of this site is at your sole risk. The site and the related services are provided on an "As Is" and "As Available" basis without warranties or representations of any kind, either express or implied, including but not limited to warranties of title, non-infringement, or implied warranties of title, non-infringement, or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion under law.
You specifically acknowledge that marksflowers.com and Mark's Garden, its subsidiaries, affiliates, suppliers, third party service providers and their respective employees, officers, directors and agents shall not be responsible or liable to you or any third party for any direct, indirect, incidental, punitive or consequential damages or injury arising out of the use of or inability to use the site or out of the breach of any warranty, or caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to and/or alteration of the site, whether for breach of contract, tortuous behavior, negligence or under any other cause of action even if marksflowers.com or Mark's Garden has been advised of the possibility of such damages.
marksflowers.com nor Mark's Garden endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement on the site, nor for any offensive, defamatory or obscene posting made on the site by anyone. Under no circumstances will marksflowers.com or Mark's Garden be liable for any loss or damage caused by your use or reliance on information obtained through the content and/or any postings on the site.
You agree to defend, indemnify and hold harmless marksflowers.com and Mark's Garden, it's affiliates, third party providers and their respective directors, officers, employees, owners, licensors, licensees and agents from and against all claims, losses, costs, and expenses, including reasonable attorney's fees arising out of a breach of these terms of use by you and/or your activities in connection with this site.
Your only right with any respect to any dissatisfaction with these terms of use or any policy or practice of our in operating the site or any content available through this site or any change therein, is to stop visiting and using this site. We may terminate your use of this site at any time at our sole discretion.
Proprietary information: You agree that all content appearing on the web site, including, but not limited to code, trademarks, service marks, trade names, graphics, images, text, audio clips, button icons, and computer software, are the sole property of marksflowers.com or its partners and suppliers, and protected by u.s. and international laws and treaties. Users are granted permission to browse and use the marksflowers.com site for its intended purpose, which is for your retail use only as a consumer. Any other use, including and not limited to the reproduction, modification, distribution, transmission, republication, removal, deletion, addition, display, or performance of the content on this site or the exploitation in any other manner of any of the content of this web site, in part or in whole, is strictly prohibited. Except as expressly authorized in writing, the use or misuse of any trademarks, service marks, trade names, logos, text, images, graphics, intellectual property or content from this web site is strictly prohibited.
marksflowers.com does not grant, by implication, or otherwise, any license or right to use any trademark, service mark, trade name or logo, or the content displayed on this web site, without the prior written consent of marksflowers.com. marksflowers.com prohibits use of the marksflowers.com or Mark's Garden logo as a link to any website unless creating such a link is approved in advance by marksflowers.com or Mark's Garden in writing. Registered and unregistered proprietary information is owned and held by Mark's Garden and its licensors and, therefore, you may be liable for infringement or misappropriation or other legal action to the fullest extent of the law if you misuse this web site in any form mentioned or unmentioned.
Termination of the use of this web site: You agree that any unauthorized use of this web site, content materials and intellectual property or any fraudulent, abusive or otherwise illegal activity shall be grounds for termination of your right to access, browse and use of authorized areas of the marksflowers.com web site. marksflowers.com reserves the right to terminate your access to our web site and its content and use at any time, with or without notice at our discretion.
Third party web sites: You agree that marksflowers.com encourages you to exercise discretion browsing the internet. Our web site, products or services may direct you to sites containing information that some people may find offensive or inappropriate. marksflowers.com and its affiliates make no representation or warranty about the legality of any third party web site. Any such web site is independent from marksflowers.com, and marksflowers.com has no control over, or responsibility with respect to, the information provided or activities undertaken by any such web site. A link between marksflowers.com and another web site further does not mean that marksflowers.com endorses that web site. Linking to off-site pages is done at your own risk, requiring you to make your own independent decisions regarding your interactions or communications with any other web site. marksflowers.com expressly disclaims any responsibility or liability for any damage, loss, or injury arising out of the activities of any third party, the goods or services offered or the content displayed by any of such third party not under the marksflowers.com domain.
Availability: The marksflowers.com web site, excluding links, is created, owned, operated and controlled by Mark's Garden in the State of California, USA. At this time, materials, products and services on this web site will be delivered or made available only in the 50 United States. Access to this web site from locations where its use or content is illegal is prohibited. Visitors to this web site are responsible for their own compliance with local laws regarding web site use and access.
Jurisdiction: You agree that the laws of the state of California will govern these disclaimers, terms and conditions, without giving effect to any principles of conflicts of laws. In addition, you agree to the exclusive personal jurisdiction and venue of the Superior Court of Los Angeles County and the United States District Court for Southern California. We reserve the right to make changes to our site and these disclaimers, terms, and conditions at any time.
Site conduct: You agree you are prohibited from posting or transmitting to the marksflowers.com web site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic or profane material, or any other material that could give rise to any civil or criminal liability under the law. marksflowers.com and Mark's Garden reserves the right to seek all remedies available at law and in equity for violations of these terms and conditions, including the right to block access from a particular internet address to this web site.
Minors: marksflowers.com does not knowingly market to or knowingly solicit information from minors. Minors are ineligible to use our services, and we do not want minors to submit any personal information to us. If you are a minor, you can use this service only under the supervision of your parents or guardians.
Revisions: marksflowers.com reserves the right to change or discontinue any content on this site or revise the terms set forth above at any time. All revisions are posted on this policy page or the privacy policy page and will be effective immediately thereafter. By continuing to use this site following an announcement of any change, you will be deemed to have agreed to such change. By surfing, using, browsing or purchasing on our website, you are deemed notified of and bound by any changes to our terms and conditions. We encourage users to regularly refer to this policy page and our privacy policy page to remain informed of any changes. Should you have any questions regarding our terms and conditions, please email us at info@marksflowers.com or call us at 1.800-416-8761.
Consent: By accessing, browsing and/or using this web site, you acknowledge that you have read, understood and agree to be bound by these terms and conditions and you agree to comply with all applicable laws and regulations. If you do not agree to these terms, please do not use our web site.
This Web site is operated by:
MARK'S GARDEN,
13838 Ventura Blvd.,
Sherman Oaks, California 91423
1-800-416-8761
http://www.marksflowers.com
Mark's Garden and marksflowers.com reserve all rights to this site and this site is protected by copyright as a collective work pursuant to U.S. copyright laws, international conventions and other copyright laws. Downloading or copying site content for other than personal , noncommercial use is expressly prohibited without the prior written permission of Mark's Garden or marksflowers.com.