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Terms of Use - Effective October 1, 2007

Welcome to the GiftsThatBloom.com Web Site. The information provided on this site is for general informational and educational purposes only.

Please read and review these Terms of Use carefully before accessing or using this web site. By accessing or using this site, you acknowledge that you have read, understood and agreed to the Terms of Use Agreement. If you do not agree to the Terms of Use, you should not access or use the site.

1. Use of Web Site.
The information provided on this site is for general informational and educational purposes. This web site is intended for the general public. Your access to and use of the information contained in the web site is subject to this Terms of Use Agreement. By accessing and using this web site, you accept, without limitation or qualification, this Terms of Use Agreement.

2. Content.
GiftsThatBloom.com will use reasonable efforts to include interesting information on this web site but we make no warranties or representations of any kind as to its accuracy, currency or completeness. The site is provided on an "As Is" and "As Available" Basis. You agree that access to and use of this web site and the content thereof is at your own risk. GiftsThatBloom.com disclaims all warranties, express or implied, including warranties of merchantability of fitness for a particular purpose. Neither GiftsThatBloom.com nor any party involved in creating, producing or delivering this web site shall be liable for any damages, including without limitation, direct, incidental, consequential, indirect or punitive damages, arising out of access to, use of or inability to use this web site or any errors or omissions in the content thereof. This limitation includes damages to or for any viruses that infect your computer equipment. No oral advice or written information given by us nor our affiliates, nor any of our officers, directors, employees, agents, providers, merchants, sponsors, licensors, or the like, shall create a warranty.

3. Indemnification.
You agree to indemnify, defend and hold harmless GiftsThatBloom.com, its officers, directors, employees, agents, suppliers and third party partners from and against all losses, expenses, damages and costs, including reasonable attorneys' fee, resulting from any violation by you of these Terms of Use.

4. Privacy.
GiftsThatBloom.com respects the privacy of its web site users. Please refer to GiftsThatBloom.com' Privacy Policy that explains users' rights and responsibilities with respect to information that is disclosed on this web site.

5. Third Party Web Sites and Links.
This web site may contain links or references to other web sites maintained by third parties over whom GiftsThatBloom.com has no control. Such links are provided merely as a convenience. Similarly, this web site may be accessed from other links over which GiftsThatBloom.com has no control and we make no warranties or representations of any kind as to the accuracy, currency, or completeness of any information contained in such web sites and shall have no liability for any damages or injuries of any kind arising from such content or information. Inclusion of any third party or other link does not imply an endorsement or recommendation of that link by GiftsThatBloom.com.

6. Forward Looking Statements.
This web site may contain forward looking statements that are subject to risks and uncertainties that might cause actual results to differ from those foreseen.

7. Non-Confidential Information.
Subject to any applicable terms and conditions set forth in our Privacy Policy, any communication or other material that you send to us through the internet, or post on a web site by electronic mail or otherwise, such as any questions, comments, suggestions or the like, is and will be deemed to be non-confidential and GiftsThatBloom.com shall have no obligation of any kind with respect to such information. GiftsThatBloom.com shall be free to use any ideas, concepts, know-how or techniques contained in such communication for any purpose whatsoever, including but not limited to, developing, manufacturing and marketing products, without recourse to anyone or company.

8. Trademarks.
All product names, whether or not appearing in large print or with the trademark symbol, are trademarks of GiftsThatBloom.com, its affiliates, related companies or its licensors or joint venture partners, unless otherwise noted. The use or misuse of these trademarks or any other materials is expressly prohibited and may be in violation of copyright law, trademark law, the law of slander and libel, the law of privacy and publicity, and communications regulations and other statutes. Please be advised that GiftsThatBloom.com actively and aggressively enforces its intellectual property rights to the fullest extent of the law.

9. Copyrights.
The entire contents of this web site are subject to copyright protection. © Copyright GiftsThatBloom.com. All rights reserved. The contents of this web site may not be copied, reproduced or otherwise redistributed. You may not otherwise copy, display, download, distribute, modify, reproduce, republish or retransmit any information, text or documents contained in this web site or any portion thereof in any electronic medium or in hard copy, or create any derivative work based on such images, text or documents or even these special provisions and terms of use, without the express written consent of GiftsThatBloom.com. Nothing contained herein shall be construed as conferring by implication, estoppels or otherwise any license or right under any patent or trademark of GiftsThatBloom.com, or any third party.

10. Void Where Prohibited.
This web site and its contents are intended to comply with the laws and regulations in the U.S. Although the information on this web site is accessible to users outside of the U.S., the information on the web site pertaining to GiftsThatBloom.com products is intended for use only by residents of the United States. Other countries may have laws, regulatory requirements and medical practices that differ from those in the U.S. GiftsThatBloom.com reserves the right to limit provision of our products or services to any person, geographic region or jurisdiction and/or to limit the quantities or any products or services we provide. Any offer for any product or service made on this web site is void wherever prohibited.

11. Governing Laws.
This Terms of Use Agreement and your use of the web site shall be governed by the laws of the United States of America and the State of Texas and especially in Georgetown, Williamson County, Texas without regard to its conflicts of laws principles. To avoid any costly legal action or proceeding related to this web site or for any purchase made from it, both parties agree to not file any lawsuit, but only have arbitration in Georgetown, Williamson County, Texas with both parties paying their share of the arbitration costs. The extent of the award is limited to the actual amount of your particular purchase from us.

12. Miscellaneous.
If any provision of this Agreement is held to be unlawful, void or unenforceable, then such provision shall be severable without affecting the enforceability of all remaining provisions. GiftsThatBloom.com reserves the right to alter or delete materials from this web site at any time at its discretion.

13. Consequences.
GiftsThatBloom.com reserves the right to suspend or terminate your account if you violate the Terms of Use Agreement. If your violation causes harm to others, you agree to indemnify and hold GiftsThatBloom.com harmless from and against any and all loss, damage, or expense. If any dispute arises between us regarding this Agreement or your use of GiftsThatBloom.com, its products or information, it shall be resolved through good faith negotiations between the parties. If such efforts prove unsuccessful, all such controversies, claims, or disputes shall be submitted to binding arbitration pursuant to the Federal Arbitration Act, 9 U.S.C., §1 et seq. Arbitration shall be conducted in accordance with the rules of the American Arbitration Association. The arbitration award shall be final and binding, and it may be confirmed and enforced only by a court of competent jurisdiction in Georgetown, Williamson County, Texas. Each party shall pay for all attorney fees it incurs in connection with the arbitration and shall share equally in the costs of the arbitration. The venue for any arbitration shall be in Georgetown, Williamson County, Texas.