Terms of Service
Terms of Service
TEXAS PRESSED FLOWERS (TPF) OFFERS THIS WEBSITE, INCLUDING ALL INFORMATION, TOOLS, AND SERVICES AVAILABLE FROM THIS SITE, TO YOU, THE USER, CONDITIONED UPON YOUR ACCEPTANCE, WITHOUT MODIFICATION, OF ALL TERMS, CONDITIONS, POLICIES, AND NOTICES STATED HEREIN, AND ANY ADDITIONAL TERMS, CONDITIONS, OR POLICIES SET FORTH ON TPF's WEBSITE.
Overview
This website is operated by Texas Pressed Flowers (“TPF”). By visiting TPF's site and/or purchasing something from us, you engage in TPF's “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein, and available on TPF's site, and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using TPF's website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all of these Terms of Service, then you may not access the website or use any Service. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store/website shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. TPF reserves the right to update, change, or replace any part of these Terms of Service by posting updates and/or changes to TPF's website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
TPF's store is hosted on Wix. Wix provides TPF with the online e-commerce platform that allows TPF to sell TPF's products and provide the Service to you.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. You may not use TPF's products or Service for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Service, and TPF may pursue other remedies available to TPF for such breach or violation.
SECTION 2 - GENERAL CONDITIONS
TPF reserves the right to refuse Service to anyone for any reason at any time. You understand that your content (with the exception of credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by TPF. The numbering and captions of the various sections are solely for convenience and reference only and shall not affect the scope, meaning, intent, or interpretation of the provisions of these Terms of Service nor shall such headings otherwise be given any legal effect.
SECTION 3 - ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION
TPF is not responsible if information made available on this site is not accurate, complete, or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this site is at your own risk. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. TPF reserves the right to modify the contents of this site at any time, but TPF has no obligation to update any information on TPF's site. You agree that it is your responsibility to monitor changes to TPF's site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for TPF's products are subject to change without notice. TPF reserves the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. TPF shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the products or Service.
SECTION 5 - PRODUCTS
Certain products or Service may be available exclusively online through the website. These products or Service may have limited quantities and are subject to return or exchange only according to TPF's Return Policy. TPF has made every effort to display as accurately as possible the colors and images of TPF's products on the website. TPF cannot guarantee that your computer monitor's display of any color will be accurate. TPF reserves the right, but is not obligated, to limit the sales of TPF's products or Service to any person, geographic region, or jurisdiction. TPF may exercise this right on a case-by-case basis. TPF reserves the right to limit the quantities of any products or Service that TPF offers. All descriptions of products or product pricing are subject to change at any time without notice, at TPF's sole discretion. TPF reserves the right to discontinue any product at any time. Any offer for any product or Service made on this site is void where prohibited. TPF does not warrant that the quality of any products, Service, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
TPF reserves the right to refuse any order you place with TPF. TPF may, in TPF's sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that TPF makes a change to, or cancels an order, TPF may attempt to notify you by contacting the e‑mail, phone number, and/or billing address provided at the time the order was made. TPF reserves the right to limit or prohibit orders that, in TPF's sole judgment, appear to be placed by dealers, resellers, or distributors. You agree to provide current, complete, and accurate purchase and account information for all purchases made on TPF's website. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that TPF can complete your transactions and contact you as needed. For more details, please review TPF's Returns Policy.
SECTION 7 - OPTIONAL TOOLS
TPF may provide you with access to third-party tools over which TPF does not monitor or have any control or input over. You acknowledge and agree that TPF provides access to such tools “as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. TPF shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). TPF may also, in the future, offer new Service and/or features through the website (including, the release of new tools and resources). Such new features and/or Service shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products, and Service available via TPF's Service may include materials from third parties. Third-party links on this site may direct you to third-party websites that are not affiliated with TPF. TPF is not responsible for examining or evaluating the content or accuracy and TPF does not warrant and TPF will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. TPF is not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.
SECTION 9 - USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS
If, at TPF's request, you send certain specific submissions (for example contest entries) or without a request from TPF, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “Comments”), you agree that TPF may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any Comments that you forward to TPF. TPF is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay compensation for any Comments; or (3) to respond to any Comments. TPF may, but has no obligation to, monitor, edit, or remove Comments or related content that TPF determines, in TPF's sole discretion, are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable, or violates any party’s intellectual property or these Terms of Service. You agree that your Comments will not violate any right of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary right. You further agree that your Comments will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead TPF or third parties as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy. TPF takes no responsibility and assumes no liability for any Comments posted by you or any third party.
SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by TPF's Privacy Policy.
SECTION 11 - ERRORS, INACCURACIES, AND OMISSIONS
Occasionally there may be information on TPF's site or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. TPF reserves the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). TPF undertakes no obligation to update, amend, or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate TPF's intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. TPF reserves the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
TPF does not guarantee, represent, or warrant that your use of TPF's Service will be uninterrupted, timely, secure, or error-free. TPF does not warrant that the results that may be obtained from the use of the Service will be accurate or reliable. You agree that from time to time TPF may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you. You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services delivered to you through the Service are (except as expressly stated by TPF) provided “as is” and “as available” for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. In no case shall TPF, TPF's directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, TPF's liability shall be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
TPF agrees to indemnify, defend, and hold harmless TPF and TPF's parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third party.
SECTION 15 - SEVERABILITY
Whenever possible, each provision of these Terms of Service shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of these Terms of Service is held invalid or unenforceable, the remainder of these Terms of Service shall nevertheless remain in full force and effect and the invalid or unenforceable provision shall be replaced by a valid or enforceable provision.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of these Terms of Service for all purposes. These Terms of Service are effective unless and until terminated by either you or TPF. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use TPF's Service, or when you cease using TPF's site. If in TPF's sole judgment you fail, or TPF suspects that you have failed, to comply with any term or provision of these Terms of Service, TPF also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to TPF's Service (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
The failure of TPF to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by TPF on this site or in respect to the Service constitutes the entire agreement and understanding between you and TPF and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and TPF (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby TPF provides you Service shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania without regard to its conflict of law provisions or the conflict of law provisions of any other jurisdiction.
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page. TPF reserves the right, at TPF's sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to TPF's website. It is your responsibility to check TPF's website periodically for changes. Your continued use of or access to TPF's website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to TPF through TPF's Contact webpage.