Policies, Terms & Conditions
Acceptance of Terms
Lilygrace botanicals users services (hereinafter referred to as “Provider”). Provider agrees to provide the services described herein, and the user (“You” or “User”) agrees to pay for these services according to the terms and conditions set forth below.
By opening an account with Provider You agree to abide by the terms and conditions of this Agreement and all policies of Provider. These policies apply to all Users, without exception. Failure to adhere to the stated policies may result in termination of Your account at Provider’s sole discretion. Provider reserves the right to change policies, services, and pricing. You may cancel if You do not agree with changes in policy, service, or pricing. Your continued use of an account signifies acceptance of any and all policies and policy changes. Provider reserves the right to refuse to provide service to anyone.
This Agreement encompasses, without limitation, the placement of information or other material on Provider’s network or computer hardware, whether the network or hardware are owned by Provider or leased by Provider from third parties, and whether such placement is made by You, or made at Your direction or otherwise. Your use of Provider’s services constitutes Your acknowledgment that You have read and understood this Agreement and that You agree to be bound by this Agreement’s policies, terms and conditions. If You do not wish to be bound by the policies, terms and conditions of
this Agreement You may not use any of Provider’s hardware or services and You may not directly, indirectly or otherwise place any information or other material on Provider’s computer hardware network, and neither You nor anyone acting on Your behalf should proceed to place any information of any kind on Provider’s servers or other hardware.
“Web portal” is the starting point for Web activities. “Web Application” is computer software
delivered using Internet technology that meets one or more of the following conditions: (a) Utilizes a database (such as SQL Server); (b) Requires a constantly running server process; and/or (c) Stores input data from data entry screens or web forms. “Service” refers to lease of a web repository hosted by Provider, and all account privileges associated therewith.
Description of Service
Provider provides User with the ability to search for the appropriate Flower Essences, Crystal essences, and Aromatherapy products, and informational education. User may contact Provider at with any enquiries regarding orders or classes.
Modifications to Service
Provider reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the service (or any part thereof) with or without notice. User agrees that Provider shall not be liable to User or to any third party for modification, suspension or discontinuance of the Service. Provider may change, add or remove any part of this Agreement, or any other terms associated with the use of this site, at any time, by posting a notice of such changes to the Service Contract page of the Web site. Any changes shall become part of the Agreement and shall apply as soon as such a notice is posted. By continuing to use Provider after the notice is posted, you are indicating your acceptance of those changes.
Fees and Payments
Provider will charge you fees to become a User of Provider Services. You agree to pay Provider in advance for the Services provided by Provider. In order to use the Service you will be required to register and create an account. You agree to pay all fees and charges, including applicable taxes, incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred. Provider reserves the right to change the amount of, or basis for determining, any Fees, and to institute new Fees, effective upon prior notice to you. In order to set up a Subscription account with Provider you must provide Provider with valid credit card information. By submitting such credit card information, You give Provider permission to charge all prepaid fees for your account to the credit card you designate on the Registration Form. You agree and warrant that You are an authorized user of any credit card which You direct us to charge; and You agree that we have the right, but not the obligation, to fully investigate any possible fraudulent use of such credit card.
Registration and Account Creation
As part of the registration and account creation process required to obtain access to Provider Services, User shall provide an email address and password. User will provide Provider with certain registration information, all of which must be accurate and updated. User can update registration information by visiting My Account page. User will be solely responsible for maintaining the confidentiality of their password. User is solely responsible for all usage or activity on User account including, but not limited to, use of the account by any person authorized by you to use your member login and password.
Subscription Renewal and Cancellation
User agrees Provider fees are paid in advance for Services provided. Through the web site the Provider will inform the User of the number of days remaining on the current subscription. At the end of Users subscription term it is solely the Users responsibility to renew the subscription for another term determined by the User. User may cancel Provider Services at any time but will not receive a refund for the fees or prorated refund for the month during which User cancelled. All refunds shall be dealt with on a case by case basis, Provider shall endeavor to be fair and equitable with any and all refunds. In the event that User cancels Provider Services the User shall be responsible for all credit card company Charge Back Fees associated with the refund of the Users fees for the unused period. Typically these fees are $30. The Provider may or may not charge administration fees for the cancellation of the User account.
Communication and Notification
Communication between Provider and User will customarily be done via email to a single, primary email address. By default, this address will be your Login email address. It is User’s responsibility to check this email account for information regarding service, billing and any other notification from Provider.
Provider is committed to preserving the privacy of its customers and protecting their personal data. Provider will not release any customer email addresses to any third party and Provider will not disclose any information about its customers to any other third party without a Court order or by virtue of other legal proceedings except that Provider may keep information about its customers such as names, addresses, telephone numbers and details about Provider’s services used by the customer some of this information may be made available to Provider’s immediate affiliates in the course of providing services requested by User.
You agree to indemnify, defend and hold harmless Provider and his/its owners, directors, officers, agents, employees, affiliates, subsidiaries, partners, associates, suppliers, distributors and contractors from any and all lawsuits, claims, fines, liability, penalties, losses, damages, costs, expenses, attorney’s fees, causes of action or claims caused by or resulting directly or indirectly from Your use of Provider’s Services or Your violation of any of the terms of this Agreement, without limitation or exception. This indemnification and hold harmless agreement extends to all issues associated with Your account.
Letters to Provider or Other Such Comments or Material
Any comments, materials, or letters sent by you to Provider regarding the site, including without limitation, questions, comments, suggestions, criticisms or the like (“Received Materials”) shall be deemed to be non-confidential and free of any claims of proprietary or personal rights unless you explicitly state in the correspondence that the letter is “not for publication” and contains “private and proprietary” information that may not be distributed. Provider shall have no obligation of any kind with respect to such Received Materials and Provider shall be free to reproduce, use, disclose, exhibit, display, transform, edit, without limitation or restriction. Furthermore, Provider is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to Provider any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products using such information, without compensation or any other obligations to anyone, including you.
You agree to comply with Provider’s General Policies
You agree to adhere to all of Provider’s policies and procedures (“Policies”), including those set forth below, and including, without limitation, policies that may restrict certain features of Provider’s Services and/or policies designed to protect or enhance the quality and reliability of Provider’s Services and/or all Acceptable Use Policies set forth by Provider’s upstream providers and any other networks or services connected to or used through Provider’s services. You agree that all such Policies and procedures are incorporated herein by reference.
Provider’s Hardware and Services May be Used for Lawful Purposes Only
Provider’s computer hardware, servers and software, and the network and services we may provide (“Services”), may only be used for lawful purposes. Any use of Provider’s Services in violation of any local, state, federal, or international law or regulation, whether said law or regulation applies to Provider or to You, in Your local jurisdiction or in any jurisdiction to which you may be subject, is strictly prohibited. Any and all illegal use will be reported to appropriate authorities and will result in termination of Provider’s Services to you.
No Interference With Operation of System
You agree not to maliciously or intentionally interfere with the proper operation of Provider’s hardware and/or servers and/or system, including but not limited to defeating identification procedures, obtaining access beyond that which you are authorized for, and impairing the availability, reliability, or quality of service for other customers. You further agree to adhere to Provider’s Policies as published online, including restrictions on services and all other policies designed to protect and enhance the quality and reliability of Provider’s services; You agree to abide by any and all future Provider policy decisions. You further agree not to interfere with the proper operation of other systems reachable through the Internet, including any attempt at unauthorized access. You further agree to follow the Acceptable Use Policy of any network or service to which You connect.
Refusal, Suspension or Termination of Provider’s Services; Electronic Monitoring
Any violation of the terms and policies set forth in this agreement may result in the suspension or termination of Service without notice. Upon suspension or termination, access to Services and data will be immediately revoked and Provider is not responsible for retention of any data or Services thereafter. Provider may charge You a reconnection fee subsequent to each such suspension or discontinuance of Provider’s Services. Upon suspension of Services, You will continue to remain responsible for 100% of charges and fee accrued and incurred during this period or remaining Term, and this agreement will remain in effect until services are terminated. If You terminate service prior to end of the term, Provider will collect 100% of the remaining balance due on term commitment. Provider reserves the right to refuse, suspend or discontinue service to anyone at Provider’s sole discretion. Provider may deny You access to all or part of its Services without prior notice due to unpaid amounts You owe us or if You engage in any conduct or activities that Provider in its sole discretion believes violates any of the terms and conditions in this Agreement. Provider shall have no responsibility to notify any third-party providers of services, merchandise or information of such discontinuance; nor shall Provider have any responsibility for any consequences resulting from such discontinuance or lack of notification. Provider also reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of this Agreement. Provider has the right to monitor its Services electronically from time to time and to disclose any information determined, at Provider’s sole discretion, to be necessary to satisfy legal requirements, or to protect Provider or its customers, subscribers or others.
Sponsors, Third Parties and Advertisers
Your correspondence or business dealings with, or participation in promotion of, sponsors, third parties or advertisers found on or through the Provider ‘s Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such sponsor, third party or advertiser. You agree that Provider shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such sponsors, third parties or advertisers on the Service.
Provider may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Provider has no control over such sites and resources, You acknowledge and agree that Provider is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, accuracy, quality, advertising, products, or other materials on or available from such sites or resources. User further acknowledge and agree that Provider shall not be responsible or liable, directly or indirectly, for any damage or loss caused by or in connection with use or reliance on any such content, goods or services available on or through any such site or resource.
Notwithstanding anything herein to the contrary, this Agreement may be terminated by You or by us, with or without cause, by giving the other party thirty (30) days advance written notice. Notwithstanding anything herein to the contrary, a termination shall not extinguish or diminish any of the rights and obligations which accrued hereunder prior to the effective date of such determination.
No Waiver of Remedies
The failure by either of us to exercise any option or right upon a default or breach of any of the terms of this Agreement shall not be construed as waiving such right or option at a later date. Further, all of such rights or options shall be cumulative and the exercise of any one such right or option shall not preclude the exercise of any other right or option. No exercise of, or delay or omission to exercise, the rights and powers herein granted shall be held to exhaust the same or be construed as a waiver thereof, and every such right and poser may be exercised at any time and from time to time.
Any notice which either of us desires to give in connection with this Agreement shall be in writing and shall be deemed to have been duly given or sent if delivered personally of if mailed, certified mail return receipt requested in a postage-paid envelope addressed, as the case may be, to You at Your last address on record with us or to us at Provider’s address as published on the Internet.
All captions and headings to the sections and subsections of this Agreement have been inserted for the convenience of reference only and shall not be construed as part hereof.
This Agreement is made and entered into in the county of Pierce, State of Washington, and shall be governed and construed under the laws of the State of Washington and you agree to personal jurisdiction by the state and federal courts sitting in Pierce county, Buckley, Washington. The parties hereby expressly waive trial by jury in any action, proceeding or counterclaim brought by either of the parties against the other on any matters whatsoever arising out of or in any way connected with this Agreement and agree to submit to binding arbitration
Costs and Attorney’s Fees
In the event Provider incurs any cost or fee from an attorney, or otherwise in attempting to collect amounts due hereunder, then upon demand You shall pay Provider the amount of such cost or fee. If any party hereto commences any legal proceedings against any other party hereto respecting any of the terms and conditions of this Agreement, the non prevailing party or parties shall pay to the prevailing party or parties all expenses of said proceedings, including reasonable attorney’s fees.
The invalidity of any provision(s) of this Agreement as determined by a Court of competent jurisdiction shall in no way effect the validity of any other provision hereof; and in lieu of such provision there shall be added as a part of this Agreement provision as similar in terms to such void, illegal, invalid or otherwise unenforceable provision as may be possible while also being legal, valid and enforceable. If any provision of this agreement is determined to be invalid or unenforceable, all other provisions shall remain in full force and effect and said provision shall be reformed only to the extent necessary to make it enforceable.
This Agreement, including any and all documents incorporated herein by reference, constitutes the complete and entire agreement between Provider and You with respect to the subject matter hereof; and this Agreement supersedes all prior and contemporaneous agreements, contracts, proposals, understandings and negotiations with respect to such subject matter. No promises, representations, understandings or warranties have been made or extended by any party hereto other than those expressly set forth herein; and the terms and conditions of this Agreement shall prevail and be exclusive notwithstanding any additional or different terms or conditions of any purchase order which may be issued by You in connection with the furnishing of Provider’s Services hereunder. Provider reserves the right to modify this Agreement at any time. In the event this Agreement is modified by Provider, User will be notified by email. The most current Agreement will be made available on Provider’s web site.
Placing and/or continuing to maintain or place information on Provider’s hardware and/or servers, whether directly by You, at Your discretion or otherwise, constitutes Your acknowledgement that You have read and understood the terms and conditions of this Agreement, including all documents incorporated herein by reference, and that You agree and continue to agree to be bound thereby. The terms and conditions of this Agreement, including without limitation Provider’s prices and price lists and all documents incorporated herein by reference, may be amended by us from time to time and at anytime, without prior notice, provided such amended information is published by us on the Internet. You agree to frequently refer to this document, and all documents incorporated herein by reference, on the Internet.
NO WARRANTIES; LIMITATION OF LIABILITY; FORCE MAJURE
- YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. PROVIDER EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- PROVIDER MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED, (vi) OR THAT THIS WEB SITE, ITS CONTENT ARE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
- ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PROVIDER OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
- THIS WEB SITE MAY CONTAIN VARIOUS COMBINATIONS OF TEXT, IMAGES, AUDIOVISUAL PRODUCTIONS, OPINIONS, STATEMENTS, FACTS, ARTICLES, OR OTHER INFORMATION CREATED BY PROVIDER OR BY THIRD-PARTIES. DUE TO THE NUMBER OF SOURCES FROM WHICH CONTENT IN THIS SITE IS OBTAINED, AND THE INHERENT HAZARDS OF ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS, OMISSIONS OR INACCURACIES IN SUCH CONTENT. ACCORDINGLY, SUCH CONTENT, IS FOR YOUR REFERENCE ONLY AND SHOULD NOT BE RELIED UPON BY YOU FOR ANY PURPOSE.
- INFORMATION CREATED BY THIRD PARTIES THAT YOU MAY ACCESS ON THE SITE OR THROUGH LINKS IS NOT ADOPTED OR ENDORSED BY PROVIDER AND REMAIN THE RESPONSIBILITY OF SUCH THIRD PARTIES.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT PROVIDER SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
All materials on this site (“Online Materials”), including, without limitation, names, logos, trademarks, service marks, images, articles, columns, graphics, photographs, illustrations, artwork, audio clips, video clips, software, and other elements making up the Service are protected by copyrights and other intellectual property rights owned and controlled by Provider or by other parties that have licensed their material to Provider. Except as specifically provided herein, no Online Materials may be copied, reproduced, republished, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose , without the prior written permission of their respective owners. You may not add, delete, modify any Online Material, to defeat security features, or to utilize this site for other than its intended purposes is prohibited. abfeusa,lilygracebotanicals and other abfeusa ,lilygracebotanicalslogos and product and services names are trademarks of abfeusa, lilygrace botanicals . All other trademarks appearing on the site are trademarks of their respective owners and our reference to them does not imply or indicate any approval or endorsement by their owners unless such approval is expressly made. It is understood that Provider may make references to others names and trademarks that are necessary in the course of its business. Provider will enforce its intellectual property rights to the fullest extent of the law. If you suspect that Provider’s content or trademarks are being misused please contact firstname.lastname@example.org as soon as possible.
I HAVE READ AND UNDERSTAND THIS AGREEMENT AND AGREE TO BE BOUND BY ALL OF ITS TERMS.