Terms of Service
YOU EXPRESSLY AGREE THAT USE OF WWW.FIORIBELLI.COM IS AT YOUR SOLE RISK. YOU MUST
BE 18 YEARS OR OLDER TO REGISTER AS A MEMBER. NEITHER FIORI BELLI, INC. (THE "COMPANY"
OR "FIORI BELLI"), NOR ITS AFFILIATES, NOR ANY OF ITS OFFICERS, DIRECTORS,
OR EMPLOYEES, AGENTS, THIRD-PARTY SERVICE OR CONTENT PROVIDERS ("PROVIDERS"),
MERCHANTS ("MERCHANTS"), SPONSORS ("SPONSORS"), LICENSORS
("LICENSORS"), OR THE LIKE (COLLECTIVELY REFERRED TO ON THIS WEB SITE
AS "ASSOCIATES"), WARRANT THAT WWW.FIORIBELLI.COM WILL BE UNINTERRUPTED
OR ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED
FROM THE USE OF WWW.FIORIBELLI.COM, OR AS TO THE ACCURACY, RELIABILITY, OR CURRENCY
OF ANY INFORMATION CONTENT, SERVICE, OR MERCHANDISE PROVIDED THROUGH WWW.FIORIBELLI.COM,
AND IF IT DOES NOT, THE COMPANY'S SOLE MAXIMUM LIABILITY WILL BE NOT MORE THAN
TO REFUND THE PURCHASE PRICE OR TO REPLACE AND DELIVER AN EQUIVALENT FLORAL ARRANGEMENT
AS SOON AS REASONABLY PRACTICABLE, AT OUR OPTION.
FIORI BELLI'S PRODUCTS AND SERVICES ARE PROVIDED ON AN "AS IS," "AS
AVAILABLE" BASIS AND THE COMPANY SPECIFICALLY DISCLAIMS WARRANTIES OF ANY
KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF
TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
NO ORAL ADVICE OR WRITTEN OR ELECTRONICALLY DELIVERED INFORMATION GIVEN BY THE
COMPANY OR ITS ASSOCIATES SHALL CREATE ANY WARRANTY.
UNDER NO CIRCUMSTANCES SHALL THE COMPANY OR ANY OTHER PARTY INVOLVED IN CREATING,
PRODUCING, OR DISTRIBUTING FOR FIORI BELLI BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION,
LOST PROFITS THAT RESULT FROM THE USE OF OR INABILITY TO USE WWW. FIORIBELLI.COM,
INCLUDING BUT NOT LIMITED TO RELIANCE BY YOU ON ANY INFORMATION OBTAINED FROM
WWW.FIORIBELLI.COM OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION
OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION,
OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS
FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THE COMPANY'S RECORDS,
PROGRAMS, OR SERVICES. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY
TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH WWW.FIORIBELLI.COM.
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES LIABILITY IS LIMITED TO
THE FULLEST EXTENT PERMITTED BY LAW.
Proprietary Rights
You acknowledge that www.fioribelli.com contains information, data, software,
photographs, graphs, videos, typefaces, graphics, music, sounds, and other material
(collectively "Content") that are protected by copyrights, trademarks,
or other proprietary rights, and that these rights are valid and protected in
all forms, media and technologies existing now or hereinafter developed. All
Content is copyrighted as a collective work under the U.S. copyright laws, and
the Company owns a copyright in the selection, coordination, arrangement, and
enhancement of such Content. You may not modify, remove, delete, augment, add
to, publish, transmit, participate in the transfer or sale of, create derivative
works from, or in any way exploit any of the Content, in whole or in part. If
no specific restrictions are displayed, you may use the content only for your
personal non-commercial use and make copies of select portions of the Content,
provided that the copies are made only for your personal use and that you maintain
any notices contained in the Content, such as all copyright notices, trademark
legends, or other proprietary rights notices. Except as provided in the preceding
sentence or as permitted by the fair use privilege under the U.S. copyright
laws (see e.g. 17 U.S.C. Section 107), you may not upload, post, reproduce,
or distribute in any way Content protected by copyright, or other proprietary
right, without obtaining permission of the owner of the copyright or other propriety
right. In addition to the foregoing, use of any software Content shall be governed
by the software license agreement accompanying such software.
Termination of Usage
The Company may terminate your access, or suspend your access to all or part
of www.fioribelli.com , without notice, for any conduct that Fiori Belli, in
its sole discretion, believes is in violation of any applicable law or is harmful
to the interests of another user, a third-party Provider, Merchant, Sponsor,
Licensor, content or service provider, Associate, or the Company.
Applicable Laws
Fiori Belli is controlled by the Company from its offices within the United
States of America. The Company makes no representations that Content in the
site are appropriate or available for use in other locations, and access to
them from territories where their content is illegal is prohibited. Those who
choose to access this site from other locations do so on their own initiative
and are responsible for compliance with applicable local laws. You may not use
or export the Content in violation of U.S. export laws and regulations. Any
claim relating to this site, the services provided through this site or the
Content shall be governed by the internal substantive laws of the State of California
and the exclusive venue and jurisdiction for all claims and disputes arising
under the Terms of Use or in connection with this website shall be the appropriate
state or federal courts located in San Mateo county in the State of California and you
and we hereby submit to the exclusive jurisdiction of these courts.
Miscellaneous
You may not use www.fioribelli.com to send unsolicited advertising, promotional
material, or other forms of solicitation to other users, except in specified
areas, if any, that are designated for such a purpose.
Acknowledgment and Changes
This Agreement represents the entire understanding between you and the Company
regarding your relationship with the Company and www.fioribelli.com and supersedes
any prior statements or representations. YOU AGREE TO BE BOUND BY THE TERMS
OF USE by accessing any areas of the www.fioribelli.com site.
We reserve the right to change the Terms of Service at any time. If we make
any change to the Terms of Service, we will post those changes on this page
and they will become effective upon posting. By accessing www.fioribelli.com
after changes are made to the Terms of Service and posted on the site, you agree
to be legally bound and to abide by the amended terms.
PRODUCT DESCRIPTIONS
Fiori Belli and its Associates attempt to be as accurate as possible. However,
Fiori Belli does not warrant that product descriptions or other content of this
site is accurate, complete, reliable, current, or error-free. If a product offered
by Fiori Belli itself is not as described, your sole remedy is to return it
in unused condition.
Distribution/Uploading of Third Party Content
Except as set forth in the section above entitled "Proprietary Rights,"
you may upload to or otherwise distribute on www.fioribelli.com only Content
that is not subject to any copyright or other proprietary rights protection
of any third party (collectively, "Public Content"), or Content in
which the author has given express authorization for distribution on the World
Wide Web. Any copyrighted or other proprietary Content distributed with the
consent of a copyright owner should contain a phrase such as "Copyright,
owned by [name of owner]; used by permission." The unauthorized submission
or distribution of copyrighted or other proprietary Content is illegal and could
subject you to criminal prosecution as well as personal liability for damages
in a civil suit. You, not the Company, nor its Affiliates, nor any of its officers,
directors, employees, agents, Merchants, Providers, Sponsors, Licensors, or
the like, will be liable for any damage resulting from any infringement of copyrights
or proprietary rights, or from any other harm arising from such submission.
By submitting Content to any user, you automatically grant, or warrant that
the owner of such Content has expressly granted the Company the royalty-free,
perpetual, irrevocable, nonexclusive right and license to use, reproduce, publish,
translate, sublicense, copy, modify, adapt, create derivative works from and
distribute the Content in whole or in part worldwide and/or to incorporate it
in other works in any form, media, or technology now known or hereafter developed
for the full term of any copyright that may exist in such Content. You also
permit any other user to access, store, or reproduce the Content solely for
that user's personal use. Subject to this grant, the owner of Content placed
on www.fioribelli.com retains any and all rights which may exist in such Content.
Copyright Agent
All other trademarks, product names, and company names and logos appearing
on www.fioribelli.com are the property of their respective owners. Fiori Belli
respects the rights of all copyright holders and in this regard it has adopted
and implemented a policy that provides for the termination in appropriate circumstances
of users who infringe the rights of copyright holders. If you believe that your
work has been copied in a way that constitutes copyright infringement, please
provide Fiori Belli's Copyright Agent the following information required by
the Online Copyright Infringement Liability Limitation Act of the Digital Millennium
Copyright Act, 17 U.S.C. 512:
a. A physical or electronic signature of a person authorized to act on behalf
of the owner of an exclusive right that is allegedly infringed;
b. Identification of the copyright work claimed to have been infringed, or,
if multiple copyrighted works at a single online site are covered by a single
notification, a representative list of such works at that site;
c. Identification of the material that is claimed to be infringing or to be
the subject of infringing activity and that is to be removed or access to which
is to be disabled, and information reasonably sufficient to permit us to locate
the material;
d. Information reasonably sufficient to permit us to contact the complaining
party;
e. A statement that the complaining party has a good faith belief that use
of the material in the manner complained of is not authorized by the copyright
owner, its agent, or the law; and
f. A statement that the information in the notification is accurate, and under
penalty of perjury, that the complaining party is authorized to act on behalf
of the owner of an exclusive right that is allegedly infringed.
Fiori Belli's Copyright Agent for notice of claims of copyright infringement
on or regarding this site can be reached as follows:
Fiori Belli
Attn: Legal Department
PO BOX 417
BRISBANE CA 94005-0417
Email: legal@fioribelli.com
DISPUTES
Any dispute relating in any way to your visit to Fiori Belli, its web site,
or to products you purchase through Fiori Belli shall be submitted first to
mediation with the San Mateo County Pre-Suit Mediation Program or other mediator
acceptable to both parties, and then, if the mediation is unsuccessful, to confidential
arbitration in California, except that, to the extent you have in any manner violated
or threatened to violate Fiori Belli's intellectual property rights or have
or about to cause irreparable harm to the Company, Fiori Belli may seek injunctive
or other appropriate relief in any state or federal court in the state of California,
and you consent to exclusive jurisdiction and venue in such courts. Arbitration
under this agreement shall be conducted under the rules then prevailing of the
American Arbitration Association and shall be held in San Mateo County, California. The
arbitrator's award shall be binding and may be entered as a judgment in any
court of competent jurisdiction. To the fullest extent permitted by applicable
law, no arbitration under this Agreement shall be joined to an arbitration involving
any other party subject to this Agreement, whether through class arbitration
proceedings or otherwise.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies, such as our Shipping Policy and Returns Policy,
posted on this site. These policies also govern your visit to Fiori Belli. We
reserve the right to make changes to our site, policies, and these Conditions
of Use at any time. 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.
Pricing
The prices listed on the Fiori Belli web site are current as long as they are
displayed and are subject to change at any time at our discretion.
Product Availability
Many of the items we sell are only available to us in limited quantities. We
make every effort to update our web site to reflect out of stock conditions,
but it is possible that an item you purchase at Fiori Belli is on back order.
In that event, we customarily ship as much of the order as possible and ship
the back-ordered item as it becomes available.
System Availability
Fiori Belli makes every effort to maintain 100% system availability. In cases
where we do experience technical difficulties, we are not responsible for orders
that are not processed or accepted.
Third Party Content
The Company is a distributor and not a publisher of the Content supplied by
third parties and you. The Company does not have editorial control over such
Content. Any opinions, advice, statements, services, offers, or other information
that constitutes part of the Content expressed or made available by third parties,
including Providers, Merchants, Sponsors, Licensors, or any other user of www.fioribelli.com,
are those of the respective authors or distributors and not of the Company or
its affiliates or any of its officers, directors, employees, or agents. NEITHER
THE COMPANY NOR ITS AFFILIATES, NOR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES,
OR AGENTS, NOR ANY THIRD PARTY, INCLUDING ANY PROVIDER, MERCHANT, SPONSOR, LICENSOR,
ASSOCIATE, OR ANY OTHER USER OF www.fioribelli.com, GUARANTEES THE ACCURACY,
COMPLETENESS, OR USEFULNESS OF ANY CONTENT, NOR ITS MERCHANTABILITY OR FITNESS
FOR ANY PARTICULAR PURPOSE.
In many instances, the Content available through www.fioribelli.com represents
the opinions and judgments of the respective Provider, Merchant, Sponsor, Licensor,
or user not under contract with the Company. The Company neither endorses nor
is responsible for the accuracy or reliability of any opinion, advice, or statement
made on www.fioribelli.com by anyone other than authorized Company employees.
Under no circumstances shall the Company, or its affiliates, or any of its officers,
directors, employees, or agents be liable for any loss or damage caused by your
reliance on information obtained through www.fioribelli.com. It is your responsibility
to evaluate the information, opinion, advice, or other Content available through
www.fioribelli.com.